Tenant Relocated to High-Rent Apartment

September 30, 2005

LVT Number: 18401

Landlord asked rent-stabilized tenant to move into another apartment, located in a different building, not owned by landlord. The current rent for the relocation apartment was less than $2,000 per month, but it would go over $2,000 when a vacancy increase was added. Landlord claimed that a vacancy increase would be waived and that tenant would remain rent stabilized. Tenant asked the DHCR if this could be done. In an opinion letter, the DHCR pointed out that a rent-stabilized tenant who relocates for landlord's convenience retains his rights under rent stabilization.

Landlord asked rent-stabilized tenant to move into another apartment, located in a different building, not owned by landlord. The current rent for the relocation apartment was less than $2,000 per month, but it would go over $2,000 when a vacancy increase was added. Landlord claimed that a vacancy increase would be waived and that tenant would remain rent stabilized. Tenant asked the DHCR if this could be done. In an opinion letter, the DHCR pointed out that a rent-stabilized tenant who relocates for landlord's convenience retains his rights under rent stabilization. But if the relocation apartment becomes deregulated because of high-rent vacancy increase, by law tenant would be deregulated.

DHCR Opin. Ltr. by Michael B. Rosenblatt (5/3/05) [3-pg. doc.]

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