Ten Percent Rent Increase for Roommate

Landlord applied to collect a rent increase from rent-controlled tenant with two roommates who weren't members of tenant's immediate family. The DRA found that tenant had one roommate and increased tenant's rent by ten percent. Tenant appealed and lost. Landlord wasn't required to specify the roommate's name in its application. There was no dispute that tenant had a roommate. Landlord was entitled to apply for this rent increase because there had been a change in occupancy since March 1, 1959. There was also no proof of tenant's claim of harassment. If tenant wanted to pursue that claim, he must file a DHCR harassment complaint. And it didn't matter that landlord received other rent increases based on rent restoration orders or MCIs.

Stavrolakes: DHCR Adm. Rev. Dckt. No. SI420025RT (10/15/04) [4-pg. doc.]