No Vacancy Increase for Roommate Who Signed Prior Renewal Lease

Facts: Tenant's girlfriend moved into the apartment with tenant in 1998. In 2000, tenant asked landlord to put the lease in girlfriend's name. Landlord didn't do this until 2004, and then charged girlfriend, as new tenant, a vacancy rent increase. New tenant complained of a rent overcharge. She said landlord had accepted rent from her under the prior renewal lease. The DRA ruled for tenant. Landlord appealed, claiming that it didn't know new tenant was in the apartment until it gave her a vacancy lease. The DHCR ruled against landlord. In 2001, landlord sent a renewal lease to old tenant. But new tenant signed the renewal lease and paid rent directly to landlord from that point on. Landlord's claim that it didn't know about new tenant therefore wasn't believable. Since landlord gave new tenant a renewal lease in her own name in 2001, it couldn't charge her a vacancy increase in 2004.

Pinewood Realty Corp.: DHCR Adm. Rev. Docket No. UJ110024RO (1/18/07) [6-pg. doc.]