Landlord Can Collect Vacancy Allowance During Sublet Term

LVT Number: 10593

Tenant's sublet of a rent-stabilized apartment began during his vacancy lease and continued for eight months into tenant's renewal lease. Tenant asked the DHCR if landlord was permitted to collect the vacancy sublet increase during the portion of the sublet term that occurred during the renewal lease term. In an opinion letter, the DHCR said yes. During the period of the sublet which occurred during the renewal lease term, landlord can charge tenant the vacancy increase sublet surcharge permitted under applicable rent guidelines.

Tenant's sublet of a rent-stabilized apartment began during his vacancy lease and continued for eight months into tenant's renewal lease. Tenant asked the DHCR if landlord was permitted to collect the vacancy sublet increase during the portion of the sublet term that occurred during the renewal lease term. In an opinion letter, the DHCR said yes. During the period of the sublet which occurred during the renewal lease term, landlord can charge tenant the vacancy increase sublet surcharge permitted under applicable rent guidelines.

DHCR Opin. Ltr. by Charles Goldstein (11/21/95)