No Vacancy Increase When Cotenant's Name Removed from Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,000 including triple damages. Landlord appealed, claiming that it was entitled to collect a vacancy increase from tenant when tenant renewed his lease without prior cotenant. The DHCR ruled against landlord. Landlord can't collect a vacancy increase upon renewal by one tenant where previously the lease had been signed by two tenants.

Kostas & Michael Realty Corp.: DHCR Adm. Rev. Dckt. No. OI410003RO (2/6/01) [3-pg. doc.]