Landlord Can Charge First Rent After Tenant's Apartment Combined with Studio

LVT Number: 16407

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that landlord was entitled to a first rent for a newly created apartment. Tenant appealed, claiming that the apartment dimensions didn't change and that no substantial alterations were made. The DHCR ruled against tenant. Landlord combined a three-room apartment with an adjoining studio apartment to create a new four-room apartment. So landlord changed the dimensions of an existing unit in accordance with DHCR Operational Bulletin 95-2.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that landlord was entitled to a first rent for a newly created apartment. Tenant appealed, claiming that the apartment dimensions didn't change and that no substantial alterations were made. The DHCR ruled against tenant. Landlord combined a three-room apartment with an adjoining studio apartment to create a new four-room apartment. So landlord changed the dimensions of an existing unit in accordance with DHCR Operational Bulletin 95-2.

Keegan: DHCR Adm. Rev. Dckt. No. NH610027RT (10/7/02) [2-pg. doc.]

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