Landlord Can't Switch Rent of Two Apartments

Landlord asked the DHCR if he could ``switch the rent'' of a vacant, low-rent apartment with the rent of an apartment whose tenant was landlord's son. The rent of the son's apartment was higher than that of the vacant apartment. In an opinion letter, the DHCR said ``no.'' The legal regulated rent of an apartment is figured only by the amount of allowable increases for, and the rent history of, that particular apartment. There is no provision in the rent stabilization law or code for switch-over of rents.

DHCR Opin. Ltr. by Nathaniel Geller (7/27/93) [2-page document]