Landlord Can Charge First Rent After Removing Room

Tenant complained of a rent overcharge. Landlord claimed that tenant had moved into newly created apartment, so landlord could charge a first rent. Landlord had removed one room from apartment before tenant moved in. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. Landlord could charge first rent even after reducing the apartment's size as long as the outer dimensions of the apartment changed. The apartment tenant moved into didn't exist on the June 30, 1974, base date. There was no rent overcharge.

Federal Home Loan Mortgage Corp.: DHCR Adm. Rev. Dckt. No. HL210015RO (2/14/97) [2-page document]