DHCR Must Investigate Whether Two Apartments Were Used as One

(Decision submitted by Terry L. Hazen of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's two apartments. Landlord claimed that the two apartments were used as one combined residence for tenant and his family. The combined rents of the two units was greater than $2,000 per month, and the combined household income of the two apartments was more than $175,000 per year. Tenant claimed that the two apartments weren't combined. Tenant said he lived in one apartment and his daughter and her child lived in the other. The DHCR ruled for tenant, and landlord appealed. The court ruled for landlord and sent the case back for further consideration. An inspection showed that the two apartments weren't physically connected. But the DHCR inspector's somewhat illegible notes stated: ''Found evidence that the degree of integration [illegible] of both apts, are the same and that the tenants in each apt. 7D and 7E use these units as common residential units.'' Landlord pointed this out to the DHCR. The DHCR still ruled that there was no proof that the apartments were used as one residence. This was arbitrary and unreasonable. The DHCR must investigate what the inspector's notes meant.

333 E. 34th LLC v. DHCR: Index No. 110560/03 (Sup. Ct. NY 4/20/04; Allen, J) [4-pg. doc.]