No Prior DHCR Approval Required for New Appliance Rent Increase Under Rent Control

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and calculated her legal monthly rent to be $266. Landlord appealed, and pointed out that the DRA omitted a rent increase collected since 1993 based on the installation of a new stove. The DHCR ruled for landlord, noting the DRA’s error. In 1993, landlord had filed an application for approval of a rent increase for the new stove. At that time, the DRA issued an order terminating the proceeding. The DRA noted that, beginning in 1993, DHCR approval was no longer required for a 1/40^th rent increase under rent control. Since tenant had agreed in writing to the rent increase, that was sufficient. Tenant’s legal rent was $275 per month.

Pinnacle Dunbar Manor LLC: DHCR Adm. Rev. Docket No. XE420041RO (7/2/09) [6-pg. doc.]