Can Landlord Collect Rent Surcharge for Cable TV Service?

Rent-stabilized tenant complained of rent overcharge based on a cable TV service surcharge that landlord charged two tenants. The DHCR ruled for tenants and ordered landlord to refund the $35 monthly surcharge. Landlord filed an Article 78 court appeal, and the DHCR agreed to reconsider the cases. The DHCR found that more fact-finding by the DRA was needed. Landlord claimed that it made an agreement with the building's cable provider to stop billing tenants, bill landlord instead, and that landlord would then pass the costs along to tenants. Also, in a separate case before the DHCR, the DRA had decided that cable service provided by that landlord at the building was a new service and that landlord could charge tenant for that service only if a separate agreement with tenant was signed. 

Skyview Acquisition LLC: DHCR Adm. Rev. Docket Nos. FT610001RP, FT610002RP (5/16/18) [7-page doc.]