Tenant Must Get Vacancy Lease, Not Renewal Lease

Tenant claimed that he was rent controlled. He moved into the apartment in 1994 at a monthly rent of $650. Prior landlord never registered tenant's apartment and told tenant he was rent controlled. Landlord claimed that tenant was rent stabilized and that he should sign a renewal lease. The DRA ruled that tenant was rent stabilized and that landlord must give tenant a vacancy lease. Both sides appealed. The DHCR denied both appeals. Tenant moved into the apartment after June 30, 1971, and didn't live with a family member who was rent controlled. So the apartment was rent stabilized. Since tenant never had a lease, landlord couldn't offer tenant a renewal lease to increase his rent. Landlord must first give tenant a one- or two-year vacancy lease. After the initial lease expired, landlord must then offer tenant a renewal lease at applicable rent guideline increases.

Li/151 Daniel Low, LLC: DHCR Adm. Rev. Docket Nos. WA310029RT, WA310030RO (9/19/08) [3-pg. doc.]