Landlord Can't Collect Cable TV Surcharge Without Tenant’s Written Consent

Tenant complained of rent overcharge after landlord cooperative corporation started billing tenant three years earlier for a monthly $35 surcharge for cable television service. The DRA ruled for tenant and ordered landlord to refund any surcharge collected. Landlord appealed and lost. Landlord wasn’t allowed to charge tenant additional fees for cable TV service without a ruling by the DHCR that landlord could do so. And, in a separate proceeding filed by the tenants’ association, the DRA ruled that landlord couldn’t collect this surcharge from rent-stabilized tenants without a written consent agreement from the tenants.  The DHCR noted that, since tenant never paid the surcharge to landlord, there was no actual overcharge.

Sarojini/Skyview Acquisition LLC: DHCR Adm. Rev. Nos. ER610064RT, ES610057RO (3/28/17) [3-pg. doc.]