Landlord Can't Charge Vacancy Increase to Co-Tenant
LVT Number: 7033
Tenant complained of a rent overcharge. Landlord stated that tenant had originally moved into the apartment with her husband. The husband moved out shortly before the lease expired. Tenant then demanded a vacancy lease in order to end her husband's rights to the apartment, even though she knew that she'd get a vacancy increase. The DRA found that tenant was her husband's co-tenant. So, she was entitled to a renewal lease in her own name with no vacancy increase when her husband moved out. Landlord appealed, and the DHCR denied landlord's PAR. Even if tenant had consented to this illegal or unauthorized rent increase, she couldn't give up her rights under the Rent Stabilization Code. And, landlord had no proof that tenant had explicitly approved the vacancy increase. Triple damages were imposed.
427 Senator Street, Apt. 1F: DHCR Adm. Rev. Dckt. No. GG 210085-RO (3/19/93) [3-page document]