Landlord Limited to $15 Monthly Increase for Rent-Controlled Apartment

Landlord asked the DHCR to determine the status of tenant's apartment. Tenant's father, who was rent controlled, died in 1984. The DRA found that tenant had lived in the apartment with her father and was entitled to pass-on rights. The legal rent as of July 31, 1970, was $58. Landlord appealed, protesting the rent set. Landlord claimed that there had been no rent increase since 1973 and that the DHCR should grant rent increases, out of fairness. The DHCR ruled for landlord only in part. Landlord couldn't get annual rent increases because neither landlord nor prior landlord had filed MBR increase applications since 1973. But the rent control regulations allowed a $15 rent increase for units with four rooms or more that had rents of less than $60 on July 31, 1970. So landlord was granted a $15 rent increase.

Barghasheh: DHCR Adm. Rev. Dckt. No. PF120030RO (8/7/01) [6-pg. doc.]