No Vacancy Increase Without Lease

April 30, 2002

LVT Number: 15808

Facts: Landlord sued to evict SRO tenant for nonpayment of rent. Landlord claimed that the legal rent for the unit was $435 based on a vacancy increase over prior tenant's rent. Tenant claimed that his legal rent was $400, the last registered rent. Tenant argued that no vacancy increase was allowed because he didn't get a vacancy lease. Courts: Tenant wins. Landlords aren't required to give leases to SRO tenants. SRO tenants become rent stabilized either by requesting a lease within the first six months of occupancy or by living in the unit for at least six months without a lease.

Facts: Landlord sued to evict SRO tenant for nonpayment of rent. Landlord claimed that the legal rent for the unit was $435 based on a vacancy increase over prior tenant's rent. Tenant claimed that his legal rent was $400, the last registered rent. Tenant argued that no vacancy increase was allowed because he didn't get a vacancy lease. Courts: Tenant wins. Landlords aren't required to give leases to SRO tenants. SRO tenants become rent stabilized either by requesting a lease within the first six months of occupancy or by living in the unit for at least six months without a lease. Tenant didn't get a lease in this case. Without a lease, landlord can't collect a vacancy increase under the applicable Rent Stabilization Code provisions.

791 Eighth Ave. LLC v. Romero: NYLJ, 4/3/02, p. 19, col. 1 (Civ. Ct. NY; Elsner, J)

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