Landlord Can Charge First Rent for Former Super's Apartment

July 31, 2003

LVT Number: 16747

Landlord's building super lived rent-free for more than four years. When landlord terminated tenant's employment, landlord asked the DHCR if it was entitled to charge a first rent. In an opinion letter, the DHCR said yes. The Rent Stabilization Code provides that after an apartment is vacant or temporarily exempt on the base date, the next legal regulated rent shall be the rent agreed to by landlord and first rent-stabilized tenant to occupy the apartment. If the super doesn't agree to the rent-stabilized rent offered by landlord, landlord doesn't have to accept former super as tenant.

Landlord's building super lived rent-free for more than four years. When landlord terminated tenant's employment, landlord asked the DHCR if it was entitled to charge a first rent. In an opinion letter, the DHCR said yes. The Rent Stabilization Code provides that after an apartment is vacant or temporarily exempt on the base date, the next legal regulated rent shall be the rent agreed to by landlord and first rent-stabilized tenant to occupy the apartment. If the super doesn't agree to the rent-stabilized rent offered by landlord, landlord doesn't have to accept former super as tenant.

DHCR Opin. Ltr. by Charles Goldstein (6/17/03) [2-pg. doc.]

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