Landlord Can Collect Vacancy Increase

Tenants complained of a rent overcharge. They moved into the rent-stabilized apartment with their grandmother, who later died. When the grandmother's lease expired, landlord gave them a vacancy lease in their name. Tenants claimed they should have been given a renewal lease with no vacancy increase. The DRA ruled against tenants and found no overcharge. Tenants appealed. The DHCR also ruled against tenants. Under the rent stabilization code, family members who have been living in tenant's apartment as a primary residence for at least two years just before tenant dies are entitled to a renewal lease. Tenants here didn't meet these requirements.

Hartman: DHCR Adm. Rev. Dckt. No. BK 110188 RT (5/19/95) [2-page document]