Landlord Can't Get Late Charges
LVT Number: 9141
Co-op landlord sued tenant shareholder for back rent, and asked the court to order tenant to pay late charges as additional rent. The trial court ruled for landlord, and tenant appealed. Tenant claimed that landlord couldn't collect late charges as part of the back rent due, and the appeals court agreed. Tenant's lease didn't include a clause permitting late charges. And landlord couldn't prove that co-op board had formally approved the practice of including late fees in the rent.
Park Towers Tenants Corp. v. Gashi: NYLJ, p. 21, col. 1 (9/21/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)