Landlord Can't Collect Vacancy Increase from Tenant's Son

Tenant complained of a rent overcharge. He said landlord wanted him to sign a lease that included a vacancy increase and longevity bonus. The DRA ruled for tenant, in part. There was no overcharge. But the DRA ordered landlord to give tenant a renewal lease. Landlord appealed, claiming it was improper to rule on lease issues in a rent overcharge case, especially where no overcharge was found. The DHCR ruled against landlord. Tenant's complaint specifically was based on landlord's vacancy lease offer. And tenant proved that his father signed an initial lease in 1959 and that his mother married his father and moved into the apartment at the inception of the tenancy. So both parents were primary tenants, and tenant was the first pass-on tenant. Landlord must give tenant a renewal lease and can't collect any vacancy increase from tenant.

Cosmopolitan Assocs., LLC: DHCR Adm. Rev. Dckt. No. SD110017RO (6/4/04) [3-pg. doc.]