Tenant Didn't Vacate Apartment

In 1985 landlord filed a vacancy decontrol report stating that a rent-controlled apartment became vacant in November 1981. Landlord crossed out the printed portion of the decontrol report form where he was to supply the name of the ``new tenant'' and instead typed ``sublet without permission'' and named a ``sublessee'' who reportedly took occupancy in November 1981. Tenant appealed, claiming that he'd lived in the apartment since September 1969 and had never moved out or sublet to anyone. The DHCR sent the case to the DRA. Tenant claimed that his cousin had moved in with him in November 1981 and that landlord knew this. Landlord still claimed that tenant was subletting. The DRA ruled that landlord's report of statutory decontrol was void. Landlord appealed. The DHCR ruled against landlord. Landlord didn't prove that tenant had moved out. Even if tenant moved out for 18 months and illegally sublet the apartment to his cousin, this didn't constitute vacancy decontrol. Tenant never voluntarily surrendered possession of the apartment.

Ballentine: DHCR Adm. Rev. Dckt. No. EC220328RO (3/14/97) [5-page document]