Tenants Rent Two Adjoining Apartments

Facts: Tenants complained of a rent overcharge. They occupied two adjoining apartments that had been illegally combined by removing a wall. The C of O hadn't been amended. Landlord registered apartment 5F in the usual manner; apartment 5E was registered as ''exempt used by adjoining apartment.'' The DRA found that apartment 5F was properly registered and there was no overcharge. But the DRA found that apartment 5E was improperly registered. The DRA used a default formula to calculate the rent, froze the rent, and imposed triple damages. Landlord appealed. DHCR: Landlord wins. Landlord showed that, in reality, there was only one apartment and that since 1984 apartment 5E/5F had been registered to reflect the combined rent of the two prior units. There was no overcharge.

315 Ocean Pky., Apts. 5E & 5F: DHCR Adm. Rev. Dckt. Nos. GH210146RT, GH210191RO (10/21/94) [6-page document]