Rent Reduction Order No Bar to New Equipment Rent Increase

Landlord asked the DHCR the following question: If a rent cut was in effect and prior tenant consented in writing to individual apartment improvements after the rent cut, can landlord charge new tenant the 1/40th rent increase for the improvements while the rent is otherwise still frozen? In an opinion letter, the DHCR said ''yes.'' If prior tenant not only consented in writing to the 1/40th increase but also actually paid the increase before moving out, landlord could continue to charge new tenant the increase---notwithstanding the fact that a rent cut was in effect when prior tenant consented to the 1/40th increase.

DHCR Opin. Ltr. by Nathaniel Geller (4/9/93) [2-page document]