Kingston Tenant's Allegedly Low Rent Didn't Result from Unique or Peculiar Circumstances

Landlord of a rent-stabilized building in Kingston applied to the DHCR, seeking an increase in tenant's rent based on unique and peculiar circumstances. The DRA ruled against landlord, who appealed and lost. The tenant in question was hired by prior landlord as the building's part-time super. Landlord argued that tenant paid a discounted monthly rent of $1,200 for a two-bedroom apartment, and that the rent was significantly less than rents for similar sized apartments in the building. The DHCR pointed out that tenant's lease was silent regarding the reason for setting the monthly rent at $1,200 and that there was no written employment agreement. Emergency Tenant Protection Regulations (EPTR) Section 2503.4 permits a landlord to seek a rent increase where the presence of unique or peculiar circumstances resulted in a rent that's substantially different from rent generally prevailing in the same area for substantially similar housing accommodations. But the DHCR found that if tenant paid a reduced rent because he was the building's part-time super, this wasn't a unique or peculiar circumstance. This in fact was a common occurrence. Also, the average rent for same-sized apartments (including tenant's apartment) in the building was $1,495. Tenant's $1,200 rent wasn't substantially out of line with the other rents of similar housing accommodations in the building. 

SIRO 208 Albany Ave LLC: DHCR Adm. Rev. Docket No. LM010010RO (11/16/23)[4-pg. document]