Two Apartments Combined into One

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DHCR again ruled against tenant. Tenant rented apartment number 12CE in 1977 at a monthly rent of $925. Two apartments, 12C and 12E, had been combined that year to create the new apartment 12CE. Landlord therefore could collect a first, free market rent for the apartment, subject thereafter to guideline increases. The first rent wasn't subject to a fair market rent appeal.

McIntee: DHCR Admin. Rev. Dckt. No. CC410333RT (7/30/96) [3-page document]