Landlord Could Charge First Rent After Combining Three SROs

Tenant complained before April 1, 1984, of a rent overcharge. Tenant had moved into the apartment in 1977. New landlord claimed it had no records going back to the base date. The DRA ruled for tenant based on current landlord's failure to submit rent history records. Landlord appealed and submitted new proof that tenant's apartment didn't exist in its present form before tenant moved in. The DHCR ruled for landlord. Landlord showed that it had combined three SROs to create tenant's apartment shortly before tenant moved in. Landlord submitted rent receipts from tenants of the former rooms from 1970 and 1976. Landlord also submitted a sworn statement from an architect describing the location of the former rooms where tenant's apartment was now located. Landlord proved that the outer dimensions of the dwelling unit were substantially altered before tenant moved in. So a new apartment was created and landlord could charge a first rent.

Landseer Realty Co.: DHCR Adm. Rev. Dckt. No. DL410225RO (4/3/98) [6-page document]