No 1/40th Rent Hike for Second Successor Tenant

August 31, 2007

LVT Number: #19865

Landlord asked the DHCR to approve a rent increase to tenant based on 1/40th apartment improvements. The DRA ruled against landlord. Landlord appealed and lost. Tenant was a second successor tenant. A court ruled that tenant was a remaining family member entitled to a lease in his own name. Landlord claimed that tenant was required to accept reasonable apartment improvements and to pay a 1/40th increase for them. But there was no actual vacancy. Unless tenant signed an agreement to pay the 1/40th rent increase, tenant didn't have to accept or pay for any apartment improvements.

Landlord asked the DHCR to approve a rent increase to tenant based on 1/40th apartment improvements. The DRA ruled against landlord. Landlord appealed and lost. Tenant was a second successor tenant. A court ruled that tenant was a remaining family member entitled to a lease in his own name. Landlord claimed that tenant was required to accept reasonable apartment improvements and to pay a 1/40th increase for them. But there was no actual vacancy. Unless tenant signed an agreement to pay the 1/40th rent increase, tenant didn't have to accept or pay for any apartment improvements.

89th Street Associates: DHCR Adm. Rev. Docket No. TI420013RK (7/31/07) [6-pg. doc.]

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