No Increase in Apartment Occupants

Landlord applied to collect a rent increase from rent-controlled tenant due to an increased number of apartment occupants who weren't members of tenant's immediate family. The DRA ruled for landlord. Tenant appealed, pointing out that he and one other occupant had lived in the apartment since he moved into the unit in 1957. Tenant also claimed that landlord falsely stated that there was a third occupant. The DHCR ruled for tenant. Tenant showed that he and the other occupant had lived together in the apartment with landlord's knowledge from the outset of tenancy in 1957 and prior to March 1, 1959, the date after which a rent increase could be imposed for additional occupants. Tenant's lease also stated that the apartment would be tenant's and members of tenant's immediate ''household,'' and landlord had accepted rent checks from the other occupant at various times in the 1970s and 1980s. Tenant had also submitted an affidavit in response to landlord's demand for information under the Housing Maintenance Code, stating that he and original occupant were the only persons residing in the apartment.

Ryan: DHCR Adm. Rev. Dckt. No. HE420106RT (7/10/97) [3-page document]