DHCR Approval Not Required

Landlord applied to the DHCR for an apartment rent increase based on the installation of five new windows at a cost of $925. Tenant had signed a consent form, agreeing to the rent increase. The DRA ruled against landlord because landlord didn't respond to requests for additional information. Landlord appealed and submitted a copy of the requested canceled check. The DHCR ruled for landlord for another reason. Under DHCR Operational Bulletin 94-1, DHCR approval is no longer required for rent increases based on individual apartment improvements. Landlord may proceed to collect a 1/40th rent increase. However, landlord must still get tenant's written consent if the improvement is done while a tenant occupies the apartment, and may have to produce this proof if a tenant complaint is subsequently filed.

Barcia: DHCR Adm. Rev. Dckt. No. DD120139RO (5/17/96) [2-page document]