Landlord Can't Collect Vacancy Increase
LVT Number: #22659
Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant, finding willful overcharge. Landlord appealed and lost. The Rent Stabilization Law and Code provide that no vacancy increase can be collected unless a hotel owner offers a new tenant the option of a vacancy lease for a one- or two-year term. Since landlord offered tenant only a 56-week lease with no other option, landlord couldn’t collect a vacancy increase from tenant.
Housing Development Assoc. LLC v. Gilpatrick: NYLJ, 5/4/10, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)