New Apartment Created

Tenant filed a fair market rent appeal. Tenant had moved into Apartment 1701 in February 1986 as its first rent-stabilized tenant. The DRA dismissed tenant's complaint, and tenant appealed. The DHCR also dismissed tenant's PAR. Apartment 1701 was adjacent to Apartment 1702. The two apartments had previously been one rent-controlled unit consisting of eight rooms. When the rent-controlled tenant moved out, landlord subdivided the apartment into two new units. Landlord properly applied for permission from the DOB to do this, and the certificate of occupancy was amended to show that new apartments had been created. Since landlord substantially altered the previous apartment to the extent that it wasn't in existence in its new state on the base date, landlord was entitled to collect a free market rent from tenant. This rent wasn't subject to a fair market rent appeal

[51 West 86th Street, Apt. 1701: DHCR Adm. Rev. Dckt. Nos. BF 410304-RT, CH 410103-RT (1/27/93)]. 5-page document.