Landlord Can Collect Sublet Vacancy Increase if Rent Cut Order in Effect

Landlord asked the DHCR if it could collect a sublet vacancy increase from rent-stabilized tenant even though a rent reduction order was in effect. In an opinion letter, the DHCR said yes. Assuming that tenant was occupying the apartment under a renewal lease, landlord could collect a sublet vacancy increase. Since landlord and tenant agreed to the sublet, landlord could collect the rent increase even though rent increases were otherwise barred under the rent reduction order until services were restored.

DHCR Opin. Ltr. by Nathaniel Geller (11/21/95) [2-page document]