Vacancy Allowance Not Permitted for Alleged Roommate

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. Landlord had charged tenant a vacancy increase at one point for adding another person to the lease. But tenant never asked landlord to add any roommate's name to her renewal lease. Tenant denied she even had a roommate by the name that landlord claimed was the roommate's name. The DHCR ruled for tenant. There was no proof that tenant asked to have a roommate's name added to any renewal lease. So there were no grounds to add a vacancy increase to tenant's rent.

Garcia: DHCR Admin. Rev. Dckt. No. PK110018RT (4/3/02) [4-pg. doc.]