Landlord Can't Collect Rent Increase for Improvement Without Tenant's Consent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,750, including interest. Landlord appealed and lost. Landlord installed a gas stove in tenant's apartment shortly after tenant moved in and had improperly collected a rent increase from tenant for an individual apartment improvement (IAI) performed while tenant was in occupancy but without obtaining tenant's written consent. Tenant also appealed and won, in part. Tenant claimed that the overcharge was willful. But an overcharge resulting from the disallowance of IAIs due to landlord's inadequate documentation wasn't willful and doesn't warrant triple damages. Here, landlord mistakenly thought it was entitled to collect an IAI increase but without adequate documentation. The DRA did mistakenly omit a few months from the overcharge calculation, which was increased to $7,945. [Download PDF of decision here.]

Lincoln Prospect Associates, LLC/Bianco: DHCR Adm. Rev. Docket Nos. EO410043RO, EO410053RT (5/26/17) [7-pg. doc.]