Occupant Added to Rent-Controlled Unit

Landlord applied for a rent increase for rent-controlled tenant based on an increase in the number of adult occupants in tenant's apartment. The DRA ruled for landlord, increasing tenant's rent for as long as there was an extra occupant. Tenant appealed, arguing that originally she and her husband lived in the apartment as tenants. Now she lived there with a ''live-in friend.'' Since the number of apartment occupants was still two, there should be no rent increase. The DHCR ruled against tenant. Rent control regulations allow owners to collect a rent increase when there is an increase in the number of adult apartment occupants who aren't members of tenant's immediate family. It doesn't matter that the number of occupants doesn't change. The DHCR also found that tenant's live-in friend wasn't a member of her immediate family.

Comparone: DHCR Adm. Rev. Dckt. No. GH 420208 RT (5/15/95) [3-page document]