No Increase for Permitting Professional Use

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $58,000. Landlord appealed, claiming that the apartment was rented for professional use and so was exempt from rent stabilization. Alternatively, landlord claimed that it should be granted a rent increase for professional use of the apartment. The DHCR ruled against landlord. Since tenant's lease included an ``incidental residential usage'' clause, it must be considered subject to rent stabilization. And there was no provision in the rent stabilization code for a rent increase due to professional use of an apartment.

Koppel Management Co.: DHCR Adm. Rev. Dckt. No. CC410159RO (8/23/96) [3-page document]