DHCR's determination, that vacancy decontrol did not apply to the subject apartment, had a rational basis. After the apartment was decontrolled pursuant to a stipulation between the rent controlled tenant and respondent-landlord, the rent controlled tenant remained on the lease as a co-tenant of petitioner for seven months. There was no "hiatus in possession", because the rent controlled tenant was still entitled to the use or possession of the apartment after decontrol and...
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