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Definition of vacancy?

Posted by Dan Michaelson on February 08, 1998 at 19:52:44:

There are three roommates, not family members, on my rent-stabilized apartment's lease. For the past four months, I've been subletting from the third roommate. Now it's time to renew the lease. The third roommate wants to get off the lease, and I want to be put on the lease in his stead. The first two roommates will remain on the lease and have lived here throughout.

The landlord says she's going to increase the rent as though it's a vacancy lease-- even though two of the three people on the lease are the same. Is this legal?

Would it be worse or better to propose not having me on the new lease, and simply striking the third roommate from the lease?

Thanks for your help.

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