Only One Pass-On Tenant Since Law's Effective Date

July 31, 2002

LVT Number: 16012

Rent-controlled tenant moved into an apartment in 1953. Her daughter took over the apartment through pass-on rights in 1985. In June 2001, the daughter died and the daughter's husband took over the apartment. Landlord asked the DHCR if it could collect a vacancy increase from the husband as the second successive pass-on tenant. In an opinion letter, the DHCR said no. Only vacancies after the effective date of the succession rent increase law are counted. The law went into effect on June 19, 1997.

Rent-controlled tenant moved into an apartment in 1953. Her daughter took over the apartment through pass-on rights in 1985. In June 2001, the daughter died and the daughter's husband took over the apartment. Landlord asked the DHCR if it could collect a vacancy increase from the husband as the second successive pass-on tenant. In an opinion letter, the DHCR said no. Only vacancies after the effective date of the succession rent increase law are counted. The law went into effect on June 19, 1997. So the husband is considered the first successive pass-on tenant, not the second one, for purposes of the law.

DHCR Opin. Ltr. by Charles Goldstein (5/9/02) [2-pg. doc.]

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