Landlord Can Charge First Rent After Combining Two Apartments

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that tenant was the first stabilized tenant of a new apartment created just before tenant moved in. Landlord claimed he combined apartment numbers 12 and 13 and could get a free market rent subject thereafter to rent stabilization increases. Tenant claimed that the two apartments were two small rooms, neither of which had a kitchen and one of which had no bathroom. Tenant also claimed that the new apartment was created by removing two old doors and creating a new one and that the new apartment was 200 square feet with one window. The DHCR ruled for landlord. Since landlord changed the outside walls of the apartment, a new apartment was created and so the first rent of $458 was lawful.

Lukin: DHCR Adm. Rev. Dckt. No. EA410045RO (6/5/97) [3-page document]