New Tenant's Consent Required Since Apartment Was Never Vacant

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord pointed out that tenant had been prior tenant's roommate and had claimed pass-on rights when prior tenant moved out. Tenant never proved pass-on rights, but landlord eventually gave him his own lease. In the meantime, landlord had bought new equipment and installed it in the apartment. Landlord claimed that it should be granted a 1/40th rent increase for the improvements. The DHCR ruled against landlord. Since there was never actually a vacancy, landlord couldn't collect any 1/40th rent increase without written consent from tenant, which landlord never obtained.

1840 Concourse Realty Assocs.: DHCR Adm. Rev. Dckt. No. MG610061RO (3/29/00) [3-pg. doc.]