Landlord Who Filed Incorrect Form for Rent Increase Under Rent Control Can Refile

A Nassau County rent-controlled tenant complained to the DHCR that landlord filed a duplicate application to the agency for a maximum collectible rent adjustment in 2023. The DRA ruled for tenant and dismissed landlord's application. Landlord appealed and won, in part. The DRA already had granted landlord a maximum rent adjustment for the period between June 1, 2022, and May 31, 2024. In 2023, the landlord had then served tenant with a 60-day Notice of Maximum Rent Adjustment (Form RA-33.8), which is used to request an increase in the maximum rent based on an increase in operating costs. But landlord didn't show or claim any such increase and the DRA therefore properly denied any rent increase. However, it appeared that landlord intended to file an application to increase the tenant's rent based on the addition of an occupant in the apartment. This was permitted under State Housing Rent Control Regulations Section 2102.3(b)(3). The DHCR provided landlord with a copy of Form RA-33.3, which is the proper form for filing such application.

Nahon: DHCR Adm. Rev. Docket No. LQ720026RO (9/7/23)[2-pg. document]