Landlord Can't Charge for Permission to Use Apartment for Commercial Purpose

Tenant complained of a rent overcharge. He claimed that during his initial two-year lease, landlord had forced him to sign a new lease at a higher rent. Landlord claimed that he renegotiated a new lease for $30 more per month in exchange for giving tenant permission to put up a sign advertising his apartment as a photo studio and using the apartment for commercial purposes. The DRA dismissed tenant's complaint, and tenant appealed. The DHCR granted tenant's PAR and found an overcharge. There is no provision in the rent stabilization code authorizing additional rent for permitting a rent-stabilized tenant to use an apartment for professional purposes. Tenant didn't waive his rights by agreeing to such an arrangement. Also, tenant had stopped using the apartment as a photo studio but was still being charged the additional rent.

[1565 Grand Concourse, Apt. 3: DHCR Adm. Rev. Dckt. No. ART 02239 B (12/2/92)]. 5-page document.