Inadequate Proof of Tenant's Consent

December 1, 2000

LVT Number: 14593

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that she didn't consent to any rent increase for apartment improvements and that the DRA incorrectly included such a rent increase in the calculation of her legal rent. The DHCR ruled for tenant. Tenant was living in the apartment when the claimed improvements were made, so landlord needed tenant's written consent to collect a rent increase. But the written consent from tenant that landlord submitted to the DRA was for repairs or maintenance work, not improvements.

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that she didn't consent to any rent increase for apartment improvements and that the DRA incorrectly included such a rent increase in the calculation of her legal rent. The DHCR ruled for tenant. Tenant was living in the apartment when the claimed improvements were made, so landlord needed tenant's written consent to collect a rent increase. But the written consent from tenant that landlord submitted to the DRA was for repairs or maintenance work, not improvements. The document also didn't state how much tenant's rent would be increased based on work done. Landlord didn't have the required written consent needed to collect a rent increase.

McNatt: DHCR Adm. Rev. Dckt. No. MI210133RT (11/24/00) [2-pg. doc.]

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