Landlord Can Raise Tenant's Rent Based on Roommate

Landlord asked the DHCR to increase rent-controlled tenant's rent because tenant had a roommate. The DRA ruled for landlord, increasing tenant's maximum rent by 10 percent. Tenant appealed and lost. Tenant claimed incorrectly that her rent had already been increased based on an additional occupant, that no rent increase was authorized by law, and that, alternatively, landlord had waived the rent increase by not collecting it for years. NYC Rent and Eviction Regulations permit a rent increase for unauthorized subletting or an increase in the number of adult occupants who aren't tenant's immediate family members. Nothing in the DHCR's records indicated that any prior roommate rent increase had been granted for tenant's apartment. Rent control regulations don't include any waiver provision if landlord delays in seeking the roommate rent increase. And although the regulation states that the DHCR "may" grant a rent increase on this basis, the DHCR has consistently granted a 10 percent rent increase for roommates in rent-controlled apartments.

Getoff: DHCR Adm. Rev. Docket No. XD420017RT (7/15/09) [3-pg. doc.]