Landlord Didn't Prove Apartment Enlarged

Tenant complained of a rent overcharge. Landlord had charged her $2,350 per month when she moved into the apartment. The prior tenant's rent was $900. Landlord claimed that when prior tenant moved out, it substantially demolished and rebuilt the apartment, enlarging the living area. Landlord argued that it was entitled to a first rent from tenant for a newly created apartment. The DRA ruled for tenant because landlord didn't provide a sufficient breakdown of the work done. Landlord appealed, and the DHCR ruled against landlord. Landlord submitted no floor plans or contractor's statements showing that the apartment was enlarged. There had been other cases in landlord's building where landlord made similar claims. In those cases, landlord had submitted floor plans and statements showing that internal partitions were moved. In those cases, the DHCR ruled that there was no change in the size of the apartment and that no ``first rent'' was allowed.

952 Fifth Avenue, Apt. 8A: DHCR Adm. Rev. Dckt. No. DF 410037-RO (12/3/94) [4-page document]