Rent-Controlled Tenant's Rent Already Increased for Roommate

LVT Number: 19152

Landlord applied for a rent increase, claiming that rent-controlled tenant had two roommates who weren't members of tenant's immediate family. The DRA ruled for landlord and granted a 10 percent rent increase. Tenant appealed and won. Tenant claimed that one of the occupants was her niece, who stayed with her only occasionally. Tenant also pointed out that landlord had already obtained a rent increase for an additional occupant in tenant's apartment in 2002. Landlord submitted no proof contradicting tenant's claim about her niece.

Landlord applied for a rent increase, claiming that rent-controlled tenant had two roommates who weren't members of tenant's immediate family. The DRA ruled for landlord and granted a 10 percent rent increase. Tenant appealed and won. Tenant claimed that one of the occupants was her niece, who stayed with her only occasionally. Tenant also pointed out that landlord had already obtained a rent increase for an additional occupant in tenant's apartment in 2002. Landlord submitted no proof contradicting tenant's claim about her niece. And DHCR records showed that landlord had already gotten a rent increase from tenant for one roommate.

Kornegay: DHCR Adm. Rev. Docket No. UB420033RT 8/10/06 [2-pg. doc.]

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