Landlord Can Raise Tenant's Rent for Extra Occupants

August 31, 2007

LVT Number: #19867

Landlord applied for a rent increase based on two additional adult occupants in rent-controlled tenant's apartment. The DRA ruled against landlord. Landlord appealed, pointing out that the additional occupants weren't immediate family members. They were tenant's niece and grandnephew. The DHCR ruled for landlord. These additional occupants moved into the apartment after March 1, 1959, and weren't immediate family members as defined in the Rent Control Regulations. Landlord was entitled to a rent increase of 10 percent over the apartment's Dec.

Landlord applied for a rent increase based on two additional adult occupants in rent-controlled tenant's apartment. The DRA ruled against landlord. Landlord appealed, pointing out that the additional occupants weren't immediate family members. They were tenant's niece and grandnephew. The DHCR ruled for landlord. These additional occupants moved into the apartment after March 1, 1959, and weren't immediate family members as defined in the Rent Control Regulations. Landlord was entitled to a rent increase of 10 percent over the apartment's Dec. 11, 2006, maximum rent for each of the occupants.

Melohn Properties, Inc.: DHCR Adm. Rev. Docket No. VC420040RO (8/17/07) [3-pg. doc.]

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