Topic No. 254: Charging for Additional Occupants Prohibited
The Rent Ordinance prohibits landlords from charging more rent solely because a tenant has added an additional occupant to an existing tenancy, including a newborn child. This constitutes an unlawful rent increase, even if the lease or rental agreement specifically permits a rent increase for additional occupants. Tenants who pay additional rent for additional occupants may file a tenant petition to void the increase and obtain a refund of the overcharges.
If a landlord experiences an increase in the costs of operating the building due to additional tenants, the landlord may file a petition for a rent increase based on an increase in operating and maintenance expenses. A landlord may also file a Worksheet or Petition for Approval of a Utility Passthrough if costs for gas and electricity increase.