Landlord Didn't Prove New Apartment Was Created

Tenant complained of a rent overcharge. Landlord answered that it had substantially rehabilitated the apartment, which wasn't in the same form that it had been on the base date. Landlord spent over $10,000 on the renovation. The DRA allowed some rent increase for the documented apartment improvements, but ruled that landlord didn't create a new apartment warranting a new first rent. Landlord appealed, claiming that the apartment was reduced in size and that a new apartment had been created. The DHCR denied landlord's PAR. The sketches landlord submitted didn't indicate a change in the size of the apartment. And landlord didn't apply for any permits from the Department of Buildings, which would normally be required for such work.

[952 Fifth Avenue, Apt. 7B: DHCR Adm. Rev. Dckt. No. EJ 410096-RO (11/20/92)]. 5-page document.