Landlord Can Collect Late Fee from Rent-Controlled Tenant

January 1, 2004

LVT Number: 17063

Rent-controlled tenant asked the DHCR if landlord could charge a late fee for late payment of rent. In an opinion letter, the DHCR said yes. Late fees are legal if the charge was provided for in tenant's vacancy and renewal leases. For rent-controlled tenants without leases, the fees are legal if contained in the initial lease. An appeals court upheld late fees for rent-stabilized tenants. In the DHCR's opinion, the court decision applied equally to rent-controlled tenants.

Rent-controlled tenant asked the DHCR if landlord could charge a late fee for late payment of rent. In an opinion letter, the DHCR said yes. Late fees are legal if the charge was provided for in tenant's vacancy and renewal leases. For rent-controlled tenants without leases, the fees are legal if contained in the initial lease. An appeals court upheld late fees for rent-stabilized tenants. In the DHCR's opinion, the court decision applied equally to rent-controlled tenants.

DHCR Opin. Ltr. by Charles Goldstein (7/28/03)

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