New, Enclosed Mezzanine Room Created

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that his rent was a first rent, not subject to challenge. Tenant appealed and lost. Before tenant moved in, landlord had created tenant's apartment by combining a first-floor apartment with basement space and expanding out by 10 feet through the back wall to create a new, enclosed mezzanine room. Tenant's apartment was a newly created apartment, and the initial rent for the apartment qualified as a first rent.

Hagerty: DHCR Adm. Rev. Dckt. No. NF410023RT (3/27/01) [3-pg. doc.]