Landlord Can Get Rent Increase for Adding Tenant's Brother to Lease

Landlord asked the DHCR if he could charge a vacancy increase in the following situation. Tenant was serving a five-year prison term. Tenant's brother had lived with tenant for at least two years prior to this, although he didn't live with tenant when her tenancy first began. Tenant asked that her brother now either be added to her lease as co-tenant or given his own lease. In an opinion letter, the DHCR pointed out that whenever there's a change of named tenant(s), the new lease is a vacancy lease. So landlord could charge a vacancy increase in either situation.

DHCR Opin. Ltr. by Charles Goldstein (9/30/96) [2-page document]