Two Combined Apartments Are Deregulated

Landlord applied for high-rent/high-income decontrol of tenant's apartment. Tenant claimed that his apartment was actually two separate units and that neither of the rents was greater than $2,000. Landlord claimed that the apartments were combined and, together, the rent was over $2,000. The DRA ruled for landlord. Tenant appealed, pointing out that the apartments had separate leases, were registered separately, had separate certificates of occupancy, and received separate rent and utility bills. The DHCR found that these facts weren't relevant and ruled against tenant. What mattered was the degree of physical integration between the apartments and the nature of their use. An inspection showed that there was an opening between the units and that tenant used both units as one residential apartment.

Rich: DHCR Adm. Rev. Dckt. No. RB410107RT (6/11/03) [4-pg. doc.]