No Vacancy Rent Increase for First Successor Tenant

May 31, 2008

LVT Number: #20459

Landlord sued rent-stabilized tenant, seeking a declaration that it could charge tenant a vacancy allowance increase under the ETPA. Prior tenant had passed the apartment along to tenant, as a succeeding family member. The court ruled against landlord because tenant was the first succeeding tenant after prior tenant moved out. Landlord appealed, claiming that a notation in the DHCR's PAR decision indicated that the DHCR agreed with its interpretation of the law. The appeals court ruled against landlord. The court relied on its own interpretation of the law.

Landlord sued rent-stabilized tenant, seeking a declaration that it could charge tenant a vacancy allowance increase under the ETPA. Prior tenant had passed the apartment along to tenant, as a succeeding family member. The court ruled against landlord because tenant was the first succeeding tenant after prior tenant moved out. Landlord appealed, claiming that a notation in the DHCR's PAR decision indicated that the DHCR agreed with its interpretation of the law. The appeals court ruled against landlord. The court relied on its own interpretation of the law. The ETPA permits landlords to charge a vacancy increase only to the second successor tenant, not the first one.

Pinewood Apartment Associates v. Wilcox: NYLJ, 5/22/08, p. 38, col. 3 (App. Div. 2 Dept.; Fisher, JP, Ritter, Florio, Carni, JJ)

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