DHCR Properly Set Rent for Duplex Apartment

June 30, 1993

LVT Number: 8016

Tenant complained of a rent overcharge. The DHCR ruled for tenant, based on landlord's default. Landlord had combined two 2-room apartments on different floors to create a duplex apartment. Because landlord submitted no rent history for the apartment, the DHCR calculated the legal rent for the apartment by doubling the rent for a 2-room apartment located in the same building. Landlord appealed, and the court sent the case back to the DHCR to recalculate the rent under a different procedure. The DHCR appealed.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, based on landlord's default. Landlord had combined two 2-room apartments on different floors to create a duplex apartment. Because landlord submitted no rent history for the apartment, the DHCR calculated the legal rent for the apartment by doubling the rent for a 2-room apartment located in the same building. Landlord appealed, and the court sent the case back to the DHCR to recalculate the rent under a different procedure. The DHCR appealed. The appeals court ruled that the DHCR had already used a reasonable method to calculate the lawful rent of the apartment. Landlord's petition was dismissed.

Matter of Yanni: NYLJ, p. 25, col. 1 (6/10/93) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Ellerin, Wallach, Rubin, JJ)

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