Duplex Part of Underutilized Rent-Controlled Apartments

February 1, 2002

LVT Number: 15595

Facts:Landlord's small building had two rent-controlled apartments on the third floor. Landlord asked the DHCR for permission to take back some of the space from each of the apartments to create a third duplex apartment on that floor and the floor below. Tenants objected. The DRA ruled for landlord, and tenants appealed. DHCR:Tenants lose. Landlord showed that it earned less than 8.5 percent of the assessed valuation of the building. And tenant didn't prove his claim that he used the part of his apartment in question as a studio from which he earned income.

Facts:Landlord's small building had two rent-controlled apartments on the third floor. Landlord asked the DHCR for permission to take back some of the space from each of the apartments to create a third duplex apartment on that floor and the floor below. Tenants objected. The DRA ruled for landlord, and tenants appealed. DHCR:Tenants lose. Landlord showed that it earned less than 8.5 percent of the assessed valuation of the building. And tenant didn't prove his claim that he used the part of his apartment in question as a studio from which he earned income.

Rizzo/Bloedow: DHCR Admin. Rev. Dckt. Nos. OJ420079RT and OJ420080RT (12/29/01) [12-pg. doc.]

Downloads

OJ420079RT.pdf829.41 KB

Topics

More like this