Landlord Can't Charge Vacancy Increase for Putting Sister's Name on Renewal Lease

Facts: Tenant's sister complained of a rent overcharge because landlord charged her a vacancy increase when she asked for a renewal lease in her own name. Landlord claimed that tenant's sister had agreed to the vacancy increase and that she didn't prove that she and tenant were actually sister and brother. The DRA ruled for tenant, and landlord appealed. DHCR: Landlord loses. Tenant's sister submitted evidence (e.g., Con Ed bills) to prove that she had occupied the apartment together with her brother from the start of the first lease. Also, landlord and his employees knew of her occupancy. Tenant's sister was entitled to a renewal lease in her own name and should have been given one by landlord without the addition of any vacancy increase.

Reuven Realty Corp.: DHCR Adm. Rev. Dckt. No. JF410194RO (2/25/00) [6-pg. doc.]