Landlord Can Collect Vacancy Increase When Roommate Becomes Tenant

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Tenant had been prior tenant's roommate. When prior tenant moved out, landlord agreed to transfer the lease to roommate. Landlord gave tenant a new lease with a vacancy increase instead of a renewal lease. The DRA ruled for landlord, finding no overcharge. Tenant appealed and lost. Tenant hadn't proved he had any familytype relationship with prior tenant when he lived in the apartment as prior tenant's roommate. Therefore landlord was entitled to a vacancy increase when roommate became a new tenant.

Katz Realty Management: DHCR Adm. Rev. Dckt. Nos. HA210051RO; IL210071RT (8/31/95) [6-page document]