Landlord Can't Charge Vacancy Bonus When Co-Tenant Moves Out

Tenant and his roommate were both named as co-tenants on their rent-stabilized lease. Tenant's roommate planned to move out when the current renewal lease ended. Tenant asked the DHCR if landlord could collect a 20 percent vacancy bonus under the new lease that would contain only tenant's name. In an opinion letter, the DHCR said no. A vacancy lease is a first lease between a landlord and tenant. A renewal lease is any extension of tenant's lease. Since tenant had already signed a lease for the apartment any further lease he signed would be a renewal lease, whether it was signed by him alone or by him and his roommate. A new lease with tenant could only be considered a vacancy lease if landlord agreed to let tenant substitute a new roommate (other than a spouse) as co-tenant or add an additional roommate as co-tenant to the lease.

DHCR Opin. Ltr. by Charles Goldstein (6/4/98) [2-page document]