Landlord Gets First Rent for Creating Smaller Apartment

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled against tenant, finding that landlord was entitled to a first rent for a newly created apartment. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court ruled against tenant. Before tenant moved in, landlord reduced the size of the apartment by 86 square feet. The extra space and a window were transferred to the adjoining apartment. The reduction in the size of tenant's apartment by the size of approximately one room was a substantial change. So landlord created a new apartment and was entitled to collect a first rent.

Devlin v. DHCR: Index No. 117628/01 (Sup. Ct. NY 2/11/02; Wetzel, J) [2-pg. doc.]