No Vacancy Increase for Removing Name from Lease

Landlord asked the DHCR if it could charge a vacancy increase upon renewal of tenant's lease if cotenant moved out. Two cotenants had signed the current renewal lease. Only one would be signing the next lease. In an opinion letter, the DHCR said no. If a tenant wants to add a cotenant (other than a spouse) or substitute a new cotenant upon renewal, then landlord can charge a vacancy increase and treat this as a new tenancy. But if one cotenant leaves, the remaining tenant is entitled to a renewal lease with the rent increased only by the applicable renewal percentage.

DHCR Opin. Ltr. by Charles Goldstein (7/12/99) [2-pg. doc.]