No Vacancy Decontrol

December 1, 1996

LVT Number: 11077

Tenant filed a fair market rent appeal, claiming he was the first rent-stabilized tenant and challenging the rent. The DHCR ruled against tenant, and tenant appealed. The court and appeals court also ruled against tenant. The DHCR found that vacancy decontrol didn't apply to tenant's apartment. The apartment had been decontrolled by a stipulation between prior rent-controlled tenant and landlord. Rent-controlled tenant remained on the lease as tenant's co-tenant for seven months.

Tenant filed a fair market rent appeal, claiming he was the first rent-stabilized tenant and challenging the rent. The DHCR ruled against tenant, and tenant appealed. The court and appeals court also ruled against tenant. The DHCR found that vacancy decontrol didn't apply to tenant's apartment. The apartment had been decontrolled by a stipulation between prior rent-controlled tenant and landlord. Rent-controlled tenant remained on the lease as tenant's co-tenant for seven months. There was no ''vacancy'' because rent-controlled tenant still lived in the apartment after decontrol and after tenant moved in.

Hoy v. DHCR: NYLJ, p. 27, col. 1 (11/12/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Tom, Mazzarelli, JJ)

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