Landlord Can't Collect Vacancy Increase if Super Continues Occupancy After Termination

Landlord's building superintendent lived in a rent-stabilized apartment in the building, got a salary, and paid rent to landlord. Landlord asked the DHCR if it could collect a vacancy increase from the super if the super's employment was terminated. In an opinion letter, the DHCR said no. If the super is paying rent while employed by landlord, he is subject to rent stabilization. So he would be entitled to a rent-stabilized renewal lease if he continues to occupy the apartment after his current lease expires.

DHCR Opin. Ltr. by Charles Goldstein (6/16/99) [3-pg. doc.]