DHCR Won't Rule on Overcharge Claim Based on Late Fees

Rent-stabilized tenant complained of rent overcharge based on certain fees that landlord added to tenant’s rent for bounced checks, late rent payment fees, and legal fees. The DRA found no overcharge, and tenant appealed. The DHCR ruled against tenant. Collection of bounced check fees and late fees don't violate the Rent Stabilization Law and Code. And landlord can collect legal fees from tenant if approved by a court. Whether landlord has properly charged or collected these fees under the terms of tenant’s lease is a question that must be resolved by a court that may require testimony, not by the DHCR. 

Johnson: DHCR Adm. Rev. Docket No. DN210023RT (7/22/15) [2-pg. doc.]