Landlord Gets Maximum Rent Hike for Rent-Controlled Tenant

Landlord filed an Owner's 60-Day Notice of Maximum Rent Adjustment, seeking to increase Westchester County rent-controlled tenant's rent. Landlord stated that tenant's current rent was $802. The DHCR ruled against landlord because the DHCR's records showed tenant's current rent was $732 and landlord didn't explain the difference. Landlord appealed, and the court sent the case back for further consideration. The DHCR ruled for landlord. In response to the DHCR's question about the difference in current rent amount claimed, landlord had submitted a copy of a notice sent to tenant in 2003 regarding the increase in rent from $732 to $802, with proof of mailing and a sworn statement that it had filed the notice of the rent increase with the DHCR. Landlord was entitled to a 9.5 percent rent increase. Tenant's new rent is $878.

10 Apartment Associates: DHCR Adm. Rev. Docket No. VA920003RP (1/18/07) [3-pg. doc.]