Landlord Can Divide Rent-Controlled Apartment

Landlord asked the DHCR for permission to modify services by dividing tenant's rent-controlled apartment into two apartments. The DRA ruled for landlord. Tenant appealed and lost. Tenant now claimed that the DRA's ruling was arbitrary and capricious and made without any consideration to tenant. But tenant never responded to the DRA's notice of landlord's application, and could not do so for the first time on appeal.

471 Lenox Avenue: DHCR Adm. Rev. Docket No. VC420076RT (4/8/11) [2-pg. doc.]