No Rent Increase for Claimed Additional Occupant

May 31, 2008

LVT Number: #20493

Landlord asked the DHCR to increase rent-controlled tenant's rent because there had been an increase in the number of adult occupants in tenant's apartment. The DRA ruled for landlord and increased tenant's rent by 10 percent. Tenant appealed, claiming that landlord wasn't entitled to any rent increase. The additional occupant was his fiancee, she didn't pay rent, and had stayed with tenant for only three months. Tenant said his fiancee had gone back to Japan and that, when she returned, she would be married to tenant. The DHCR ruled for tenant.

Landlord asked the DHCR to increase rent-controlled tenant's rent because there had been an increase in the number of adult occupants in tenant's apartment. The DRA ruled for landlord and increased tenant's rent by 10 percent. Tenant appealed, claiming that landlord wasn't entitled to any rent increase. The additional occupant was his fiancee, she didn't pay rent, and had stayed with tenant for only three months. Tenant said his fiancee had gone back to Japan and that, when she returned, she would be married to tenant. The DHCR ruled for tenant. The three-month occupancy wasn't substantial enough to entitle landlord to a rent increase. And if tenant and his fiancee got married, landlord couldn't collect a rent increase in the future based on her occupancy. Rent and Eviction Regulations Section 2202.6 allows the additional occupant rent increase for adult occupants who aren't members of tenant's immediate family.

Von Heisermann: DHCR Adm. Rev. Docket No. WA420006RT (3/12/08) [3-pg. doc.]

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