Rent Increase Capped by Average Comparable Rents

New Rochelle landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on unavoidable operation costs. The DRA ruled for landlord and increased tenant's rent from $1,496 to $1,577. Landlord appealed, claiming that the rent should be increased to $1,638, based on other rents in tenant's line of apartments. The DHCR ruled against landlord. Landlord claimed that tenant's apartment had five rooms, but the unit was registered as having four rooms in 1984. The rent set by the DRA was properly based on the average of the most recent registered rents in the building for other four-room apartments.

Franklin Realty, LLC: DHCR Adm. Rev. Docket No. WK920010RO (6/30/09) [3-pg. doc.]