Landlord Can Charge First Rent After Adding 86 Square Feet of Space to Apartment

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. He moved into his apartment in 1996, and landlord charged $1,200 per month. Landlord showed that tenant's apartment was newly created. He had moved an outer wall of the apartment and added 86 square feet of space. The DRA ruled against tenant. Tenant appealed and lost. Landlord was entitled to charge a first rent for a newly created apartment. There was no overcharge, and the rent wasn't subject to a fair market rent appeal.

White: DHCR Adm. Rev. Dckt. No. NL410002RT (7/24/01) [2-pg. doc.]