Pass-On Tenant's Consent Required for Improvements Rent Increase

Landlord applied to DHCR for permission to increase the rent for second pass-on tenant by making individual apartment improvements. The DRA ruled against landlord, finding that landlord couldn't increase pass-on tenant's rent for 1/40th improvements without pass-on tenant's written consent. Landlord appealed and lost. Pass-on tenant had lived in the apartment. There had been no vacancy. So landlord couldn't collect a 1/40th rent increase unless pass-on tenant consented in writing to the rent increase.

89th St. Assoc.: DHCR Adm. Rev. Dckt. No. TD420004RO (7/21/05) [4-pg. doc.]