Landlord Properly Charged Vacancy Increase to Replace Tenant with Occupant

Rent-stabilized tenant complained of a lease violation and rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord had agreed to add co-tenant to her lease but, at the time of renewal, demanded a vacancy rent increase and new lease to do so. Landlord claimed that there was one tenant on the lease and that, at renewal time in 2013, she no longer lived there and sought a lease for co-occupant while she remained a guarantor on the new lease. The DHCR found that landlord charged a lawful vacancy increase under those circumstances. The new tenant now claimed that she was former tenant's mother-in-law and therefore had succession rights. But tenant never raised this issue before the DRA and couldn't do so now for the first time. [Download PDF of decision here.]

Deleon: DHCR Adm. Rev. Docket No. FM110045RT (11/2/17) [3-pg. doc.]