Landlord Waited Too Long to Charge Vacancy Increase

Landlord added cotenant's name to a renewal lease in March 1998. But landlord didn't charge a vacancy increase, although entitled to do so. Landlord later wanted to recalculate the rent to reflect the allowable vacancy increase. Tenant asked the DHCR if landlord was entitled to the vacancy increase in these circumstances. In an opinion letter, the DHCR said no. Although landlord was entitled to collect a vacancy increase when cotenant's name was added to the renewal lease, it didn't do so. So landlord couldn't impose the vacancy increase at a later time, as it attempted to do now.

DHCR Opin. Ltr. by Charles Goldstein (3/16/01) [3-pg. doc.]