Landlord Can Charge First Rent for New Apartment

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that landlord was entitled to collect a ''first rent'' for combining two apartments into one. Tenant appealed, claiming that there were two leases, one for her mother and one for her. The DHCR also ruled against tenant. Two apartments and a common hall had been combined into one larger apartment in 1977. Landlord was entitled to a ''first rent'' under Section 66 of the former Rent Stabilization Code in effect at that time. In addition, the lease for the combined apartments was in tenant's name and tenant always paid rent for the combined apartments with one check. It was clear that the intention of landlord and tenant was to have tenant and her immediate family occupy the combined apartment as one unit.

McIntee: DHCR Adm. Rev. Dckt. No. CC410333RT (7/30/96) [3-page document]