Landlord Can't Collect Second Vacancy Increase

Tenant complained of a rent overcharge. A year after she moved into the rent-stabilized apartment, landlord charged a second vacancy increase for adding her husband's name to the lease. The DRA ruled for tenant, finding that the second vacancy increase was invalid. Landlord appealed, claiming that tenant requested adding an additional occupant who wasn't her husband to the lease. This was why landlord charged tenant a second vacancy increase. The DHCR ruled against landlord. Landlord never raised this point before the DRA and couldn't make this argument for the first time on appeal.

Jamaica Seven, LLC: DHCR Adm. Rev. Docket No. VL110038RO (6/19/08) [2-pg. doc.]