Landlord Not Entitled to Maximum Rent Adjustment

Yonkers landlord filed a 60-day notice of maximum rent adjustment with the DHCR, seeking a rent increase for rent-controlled tenant. The DRA ruled against landlord and denied a 9.5 percent increase in tenant's maximum rent for the two-year period starting Oct. 1, 2010. Landlord appealed and lost. Under the State Rent and Eviction Regulations, tenant's maximum rent can't be greater than the average legal regulated rent for comparable apartments subject to the ETPA. The average legal rent for four-room apartments in the same Zip code was $1,044. Since this was the amount of tenant's current rent, landlord could get no increase for this rent period.

Tad Management LLC: DHCR Adm. Rev. Docket No. ZD920005RO (6/29/11) [3-pg. doc.]