No First Rent Where Deck Added

September 30, 1994

LVT Number: 9137

Landlord asked the DHCR if adding a 100-square-foot deck and replacing the window with an access door would permit him to charge a first rent to a rent-stabilized tenant. The DHCR stated that in order to get a first rent, landlord had to substantially alter the outer dimensions of the apartment. Adding a deck doesn't qualify. But landlord could get a rent hike of 1/40th of the cost of the job.

Landlord asked the DHCR if adding a 100-square-foot deck and replacing the window with an access door would permit him to charge a first rent to a rent-stabilized tenant. The DHCR stated that in order to get a first rent, landlord had to substantially alter the outer dimensions of the apartment. Adding a deck doesn't qualify. But landlord could get a rent hike of 1/40th of the cost of the job.

DHCR Opin. Ltr. by Nathaniel Geller (6/13/94) [2-page document]

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