Landlord Can Collect Vacancy Increase from Second Successive Pass-on Tenant

Landlord offered a renewal lease to second successive pass-on tenant, which tenant signed and returned. Landlord sent tenant a fully signed copy. Landlord then realized he forgot to add the permissible vacancy increase to tenant's lease. He asked the DHCR if he could send tenant an amended lease to correct this mistake. In an opinion letter, the DHCR said yes. On the one hand, Rent Stabilization Code Section 2523.5(a) makes a renewal lease binding and doesn't allow for any change based on a mistake. But Rent Stabilization Law Section 26-512f and Rent Stabilization Code Section 2522.8(b) permit landlord to collect the vacancy increase from the second successive pass-on tenant ''notwithstanding'' any contrary provision of law. So landlord could amend the lease.

DHCR Opin. Ltr. by Charles Goldstein (1/11/02) [2-pg. doc.]