Increased Occupancy of Apartment

LVT Number: 13065

The DRA increased rent-controlled tenant's monthly rent by $54 because of increased apartment occupancy. Tenant appealed, claiming that he'd always had two roommates since he'd moved into the apartment in 1963. The DHCR ruled against tenant. Tenant's current roommates were not the original two roommates who had lived with him in 1963. Under applicable rent control regulations, landlord could get a rent increase for increased occupancy.

The DRA increased rent-controlled tenant's monthly rent by $54 because of increased apartment occupancy. Tenant appealed, claiming that he'd always had two roommates since he'd moved into the apartment in 1963. The DHCR ruled against tenant. Tenant's current roommates were not the original two roommates who had lived with him in 1963. Under applicable rent control regulations, landlord could get a rent increase for increased occupancy. A prior DHCR order issued in 1976, which denied any rent increase for increased occupancy, was based on the facts in existence at that time, and didn't bar landlord's current rent increase application.

Carter: DHCR Adm. Rev. Dckt. No. FH420278RT (2/3/99) [2-pg. doc.]

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