Landlord Gave Tenant Vacancy Lease When Adding Tenant's Son

January 25, 2021

LVT Number: #31166

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding that the vacancy lease was null and void. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. The court and appeals court ruled against landlord. The DHCR's determination that the rent-stabilized vacancy lease signed by landlord and tenant was null and void had a rational basis. The DHCR's decision wasn't arbitrary and unreasonable.

Rent-stabilized tenant complained of rent overcharge and a lease violation. When she sought to add her son as a co-tenant to her lease, landlord agreed and gave them a vacancy lease. The DRA ruled for tenant, finding that the vacancy lease was null and void. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal. The court and appeals court ruled against landlord. The DHCR's determination that the rent-stabilized vacancy lease signed by landlord and tenant was null and void had a rational basis. The DHCR's decision wasn't arbitrary and unreasonable. The previous lease between landlord and tenant governed the parties.

Kings Park 148, LLC v. DHCR: Index No. 2019-06943, 2020 NY Slip Op 07195 (App. Div. 2 Dept.; Rivera, JP, Dillon, Maltese, Duffy, JJ)

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