Maximum Rent Can't Exceed Comparable Rent-Stabilized Rent

Landlord filed an Owner's Sixty-Day Notice of Maximum Rent Adjustment for rent-controlled tenant in Mamaroneck building. The application sought to increase tenant's rent from $1,209 to $1,324 per month, based on the authorized rent increase of 9.5 percent. The DRA ruled against landlord, finding that the maximum rent for a rent-controlled tenant couldn't exceed the average legal regulated rent for comparable rent-stabilized tenants within the same Zip code as landlord's building. That average was less than $1,209 at the time of landlord's application. Landlord appealed and won, in part. DHCR Operational Bulletin No. 110, Supplement No. 4, permitted comparison to comparable rent-stabilized rents in the same building. Landlord showed that there was a comparable rent-stabilized apartment in the building with a rent of $1,233. So comparison to apartments outside the building wasn't necessary and landlord could increase rent-controlled tenant's rent to $1,233.

ROCS, Inc.: DHCR Adm. Rev. Docket No. AS920006RO (10/16/12) [3-pg. doc.]