Tenant's Employee Didn't Live in Apartment

Landlord applied for an increase of rent-controlled tenant's maximum rent. Landlord claimed that there was now an additional occupant in the apartment. The DRA ruled for landlord, and tenant appealed. Tenant was handicapped, being both 90 years old and blind. He required round-the-clock home care. Tenant's children submitted sworn statements that tenant had three employees, each of whom worked an eight-hour shift. None of these employees lived in the apartment. Five years before landlord applied for a rent increase, tenant did temporarily have one employee, who lived in the apartment. But landlord never applied for a rent increase at that time, so it was waived. And the rent increase could only be collected while the employee was actually living there. The DHCR ruled for tenant, and revoked the rent increase.

Tekulsky: DHCR Adm. Rev. Dckt. No. HD 420273-RT (8/5/93) [3-page document]