Landlord Didn't Prove New Apartment Created

January 1, 2001

LVT Number: 14669

Tenant complained of a rent overcharge. Landlord claimed that the apartment that tenant moved into had been combined with an adjoining apartment so that landlord could charge tenant a first rent. The DHCR ruled for tenant and ordered landlord to refund him $7,000. Landlord appealed and lost. Landlord submitted no proof that it had created a new apartment before tenant moved in. Therefore, the DHCR's decision was reasonable.

Tenant complained of a rent overcharge. Landlord claimed that the apartment that tenant moved into had been combined with an adjoining apartment so that landlord could charge tenant a first rent. The DHCR ruled for tenant and ordered landlord to refund him $7,000. Landlord appealed and lost. Landlord submitted no proof that it had created a new apartment before tenant moved in. Therefore, the DHCR's decision was reasonable.

Beacon Hill Apts. v. DHCR: NYLJ, 12/18/00, p. 30, col. 1 (App. Div.2 Dept.; Miller, JP, Friedmann, Krausman, Florio, JJ)

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