No Vacancy Increase When Co-Tenant Moves Out

LVT Number: 11528

(Opinion letter submitted by New Rochelle attorney Julian S. Kaufman.) Landlord asked the DHCR whether it must renew a rent-stabilized tenant's lease if co-tenant had moved out. In an opinion letter, the DHCR said yes. Landlord was required to offer remaining tenant a renewal lease in remaining tenant's name. And landlord couldn't get a vacancy increase from remaining tenant. A vacancy increase could only be collected under the first lease signed by tenant. Remaining tenant had already signed first lease with co-tenant.

(Opinion letter submitted by New Rochelle attorney Julian S. Kaufman.) Landlord asked the DHCR whether it must renew a rent-stabilized tenant's lease if co-tenant had moved out. In an opinion letter, the DHCR said yes. Landlord was required to offer remaining tenant a renewal lease in remaining tenant's name. And landlord couldn't get a vacancy increase from remaining tenant. A vacancy increase could only be collected under the first lease signed by tenant. Remaining tenant had already signed first lease with co-tenant.

DHCR Opin. Ltr. by Daniel Savary (11/1/96) [2-page document]

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