Landlord Can Get Vacancy Increase for New Lease with Prior Tenant's Mother

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that she had previously lived in the apartment with her son, who was prior tenant. She argued that she should have gotten only a renewal increase, not a vacancy increase, when she signed a lease in her name only. The DHCR ruled against tenant. Tenant didn't live in the apartment with a family member for two years before signing a new lease. So she wasn't entitled to pass-on rights and it was proper for landlord to give her a vacancy lease.

Ramirez: DHCR Adm. Rev. Dckt. No. ND110068RT (12/15/00) [2-pg. doc.]