Landlord Gets 10 Percent Rent Hike for Each of Tenant's Roommates

Landlord applied for a rent increase to rent-controlled tenant's maximum collectible rent (MCR) based on an increase in the number of adult occupants in tenant's apartment and claimed they weren't members of tenant's immediate family. The DRA ruled for landlord and increased tenant's MCR by 10 percent. The DRA noted that in 2009 it had previously increased tenant's rent by 10 percent based on the addition of one occupant. Now there were two.

Tenant appealed and lost. NYC Rent & Eviction Regulations Section 2202.6 permits this rent increase as a surcharge, separate from and not to be included in the DHCR's maximum base rent (MBR) and MCR increase calculations. The surcharges remained in effect as long as the additional occupants lived in the apartment with tenant. [Download PDF of decision here.]

Getoff: DHCR Adm. Rev. Docket No. GQ420069RT (8/21/18) [3-pg. doc.]