Landlord Can't Force Tenant to Buy Apartment Appliances

Tenant complained of a rent overcharge. She claimed that landlord charged her two months' security and one month's rent when she signed her lease. She said that landlord refused to refund the second month's security deposit. The DRA ruled against tenant, finding that tenant hadn't proved her claim. Tenant appealed. Tenant's first lease had a rider stating that tenant agreed to buy apartment appliances from landlord for $950, an amount equal to a month's rent. The rider further stated that tenant could sell the appliances back to landlord in a year. The DHCR ruled for tenant. The lease rider was improper and used by landlord as a way to collect additional security deposit. This was a rent overcharge.

Peart: DHCR Adm. Rev. Dckt. No. SE910021RT (7/2/04) [3-pg. doc.]