Landlord Can Collect Vacancy Allowance from Tenant's Brother

LVT Number: 17757

Tenant's brother complained of a rent overcharge. He claimed that landlord charged an improper vacancy increase when he moved into the apartment with tenant. The DRA ruled for tenant and ordered landlord to refund $1,700, including interest. Landlord appealed and won. When tenant's brother moved into the apartment with tenant, they asked landlord to add tenant's brother's name to the lease. Landlord was entitled to a vacancy increase for agreeing to do this.

Tenant's brother complained of a rent overcharge. He claimed that landlord charged an improper vacancy increase when he moved into the apartment with tenant. The DRA ruled for tenant and ordered landlord to refund $1,700, including interest. Landlord appealed and won. When tenant's brother moved into the apartment with tenant, they asked landlord to add tenant's brother's name to the lease. Landlord was entitled to a vacancy increase for agreeing to do this.

Purpura: DHCR Adm. Rev. Dckt. No. SI210009RO (10/1/04) [2-pg. doc.]

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