Vacancy Increase Allowed Each Time Roommate's Name Added to Lease

LVT Number: 9393

Tenant complained of a rent overcharge, claiming that landlord had improperly charged tenant for two vacancy increases. Tenant's first roommate was added to the lease starting on June 1, 1979. That roommate moved out, and a new roommate was added to the lease starting on July 1, 1979. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. Landlord could collect a vacancy increase whenever the ''tenancy'' changed. So, each time a new roommate's name was added to the lease, landlord could charge the applicable vacancy increase.

Tenant complained of a rent overcharge, claiming that landlord had improperly charged tenant for two vacancy increases. Tenant's first roommate was added to the lease starting on June 1, 1979. That roommate moved out, and a new roommate was added to the lease starting on July 1, 1979. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. Landlord could collect a vacancy increase whenever the ''tenancy'' changed. So, each time a new roommate's name was added to the lease, landlord could charge the applicable vacancy increase.

839 West End Ave., Apt. 4D: DHCR Adm. Rev. Dckt. No. DH 410524-RO (11/17/94) [3-page document]

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