Landlord Can't Collect Doorman Charge

Landlord asked the DHCR to rule on whether it could collect a surcharge for an ancillary service. In the early 1970s, tenant had agreed to pay 75 percent of weekend doorman costs. Tenant paid the charge for years. When landlord renewed tenant's lease in 2005, the charge was inadvertently omitted. Landlord found the error and began charging tenant again in 2006. But tenant now refused to pay and claimed that the charge was unlawful. The DRA ruled against landlord. Landlord appealed and lost. In response to similar complaints by other tenants in the building, the DHCR had previously ruled that landlord couldn't charge tenants for the doorman service. Landlord didn't obtain the consent of at least 75 percent of the building tenants before collecting this surcharge.

W. 95th, L.P.: DHCR Adm. Rev. Docket No. WA420003RO (4/15/08) [3-pg. doc.]