Landlord Can't Add Air Conditioner Increase to Renewal Lease

Rent-stabilized tenant complained of an improper renewal lease. He stated that he signed a settlement agreement in court dated March 27, 2006, by which he agreed to move from his apartment to a new apartment in another building owned by landlord. They agreed to a two-year renewal lease at $592 per month starting April 1, 2006. Tenant said that his renewal lease starting April 1, 2008, contained incorrect information and improperly charged $10 for two air conditioners. Landlord claimed that the air conditioners were installed without permission. The DRA ruled against tenant, finding the air conditioner surcharge proper and that landlord properly calculated the rent increase over $592.

Tenant appealed and won in part. Tenant claimed that the renewal lease removed his wife’s name, that the housing court judge found that the air conditioner increase shouldn’t be part of renewal lease since it wasn’t part of original lease, and that he never received the requested two-year renewal. Since the court had already ruled against the air conditioner increase, landlord couldn’t include it in the renewal lease. Landlord also improperly completed information in a section of the renewal lease, so it must offer tenant a revised renewal lease within 30 days. Since tenant didn’t raise the issue of his wife’s name before the DRA, the DHCR couldn’t consider it for the first time in tenant’s PAR.

Vigolto: DHCR Adm. Rev. Dockt No. XD110053RT (10/2/09) [3-pg. doc.]