Landlord Can't Charge First Rent After Sealing Off Room

Tenant complained of a rent overcharge. Landlord claimed that the apartment was newly created and that he was entitled to charge a first rent. The DRA ruled against tenant. Tenant appealed, claiming that landlord had merely sealed off one of the bedrooms in the apartment and that this room remained sealed and inaccessible. The apartment was simply the same apartment minus one room, and the room wasn't added to any adjoining apartment. The DHCR ruled for tenant. The elimination of a room from tenant's apartment without creating a new apartment or adding a room to another apartment wasn't a sufficient alteration to permit landlord to collect a market first rent for tenant's apartment.

Brown: DHCR Adm. Rev. Dckt. No. LL410030RT (2/17/00) [4-pg. doc.]