One Non-Family Member Replaced by Another

Landlord applied to the DRA for an increase in rent-controlled tenant's rent based on an increase in the number of adult occupants not members of tenant's immediate family. The DRA ruled for landlord and increased tenant's rent. The rent increase was to last only for the period during which the additional occupant remained in the apartment. Tenant appealed, claiming that in 1959 there were three nonimmediate family members living in the apartment; now there were only two. But the individuals now living with tenant weren't the same ones who lived there in March 1959. The DHCR ruled against tenant. Under rent control regulations, when one nonimmediate family member is replaced by another within an apartment after March 1, 1959, an increase in the maximum rent is permitted.

Heymann: DHCR Adm. Rev. Dckt. No. IA420012RT (6/25/96) [2-page document]