Collection of Late Fee Authorized by Lease Isn't Overcharge

Rent-stabilized tenant complained of a rent overcharge based on landlord's collection of a $25 late fee for months when the rent wasn't paid within five days of its due date. The DRA ruled against tenant, who appealed and lost. Tenant's initial lease authorized landlord to charge the late fee. The fact that landlord may have excused late payment in the past didn't bar landlord from enforcing this lease provision. Tenant also claimed that she was disabled, but the Americans with Disabilities Act doesn't give tenant additional time to pay her rent.

Beckert: DHCR Adm. Rev. Docket No. ZC410017RT (10/26/11) [2-pg. doc.]