Three Combined Units Had Rent over $2,000

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income destabilization of tenant's apartment in 1995, claiming that the apartment rented for $2,000 or more per month and that tenant's household income for each of the prior two years was over $250,000. Tenant admitted that his income for the period in question was over $250,000 annually but claimed that his three combined units shouldn't be treated as one apartment. Tenant pointed out that he had three separate leases and only one unit had a monthly rent over $2,000. Tenant also claimed he had a pending rent overcharge complaint concerning the $2,000 rent. The DHCR's inspector found that the three apartments had been joined to permit internal access among the units, that there were two kitchens and that each former unit had a hallway entrance door. The DHCR ruled against tenant. Tenant's apartments were to be considered one unit because there was complete interior access to all parts of the apartment and it was used as one large family dwelling. The DHCR also ruled that it wasn't necessary to wait for the outcome of tenant's rent-overcharge complaint. Tenant's rent for the three combined units was $3,885. Calculation of any possible rent overcharge still resulted in a rent which was over $2,000.

Gober: DHCR Adm. Rev. Dckt. No. KE410058RT (12/3/96) [4-page document]