Landlord Can Charge Late Fees If Base Date Practice

Landlord asked the DHCR if he could charge rent-stabilized tenants late rent payment fees. In an opinion letter, the DHCR stated that landlord can do so if the late charge was a base date practice, and if there was a clause in tenant's vacancy and all renewal leases calling for the late charge. The DHCR noted that the base date for buildings constructed on or after Feb. 1, 1947, is May 31, 1968; for buildings constructed before Feb. 1, 1947, the base date is May 29, 1974. The fee must also be reasonable, given the amount of rent charged.

DHCR Opin. Ltr. by Nathaniel Geller (9/28/90) [2-page document]