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

(Decision submitted by Amy Miller of the Lake Success law firm of Pennisi Daniels & Norelli LLP, attorneys for the landlord.) Apartment occupant filed a lease violation complaint with the DHCR. She claimed she had lived in the apartment since 1995 with her sister and brother. Both of them moved out and she requested a lease. Landlord wanted to charge a vacancy increase. Occupant claimed this was improper. The DRA ruled against occupant. Tenant moved out of the apartment in 1999. Tenant's brother moved out of the apartment in 2001. Occupant was the second successive family member to get the apartment and so landlord was entitled to collect a special vacancy increase. Even if landlord accepted a lower rent from occupant previously, it didn't waive its right to charge the vacancy increase when it offered occupant her own lease.

Rarivoson v. Tov Imytiv Inc.: DRA Dckt. No. QA210057RV (4/9/03) [3-pg. doc.]