Landlord Created New Duplex Apartment

Tenant filed a fair market rent appeal, challenging the initial rent-stabilized rent of his apartment. The DRA reduced tenant's first rent, finding that it exceeded the fair market rent. Landlord appealed, arguing that the apartment didn't exist in its present form on the base date. Landlord had renovated the building and created a new duplex apartment before tenant moved in. The DHCR revoked the DRA's ruling. A review of the floor plans both before and after the renovations, bills, cancelled checks, and tenant's lease rider showed that the apartment had been converted from a one-floor, four-room apartment, to a seven-room duplex. The first rent set for this new apartment wasn't subject to a fair market rent appeal.

938 Eastern Parkway, Apt. A3: DHCR Adm. Rev. Dckt. No. DH 210437-RO (2/4/93) [4-page document]