$50 Fee Charged for Tenant-Installed Satellite Dishes

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Various tenants complained that landlord charged them $50 per month based on tenants' installation of satellite dishes on the building's roof. The DRA ruled for tenants. Since landlord waited five months to charge the rent increases, it had waived the right to do so. Landlord appealed. The DHCR ruled against landlord but on the grounds that there was no basis to increase tenants' rents if landlord agreed to the satellite dish installation. FCC guidelines stated only that landlord could sue tenants in court for removal of unauthorized dishes placed in public areas of the building. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court sent the case back for reconsideration. The DHCR then decided that it had no authority to rule on whether landlord could charge a fee for the satellite dish installation. So it couldn't order any refund to tenants. Tenants must go to court or another agency for a determination of this question.

Greenwich Arms Co.: DHCR Adm. Rev. Dckt. No. SB710014RP et al. (7/13/04) [4-pg. doc.]