Landlord Can't Impose Charge for Keys

LVT Number: 13315

Tenants complained of a rent overcharge based on charges for keys. Landlord collected key deposits and ''forfeiture fees'' in the amounts of $50 and $100 in connection with the installation of new door locks on the building's entrance doors. Landlord issued one key for each apartment and charged tenants a fee for any additional keys. The DRA ruled for tenants, and landlord appealed. Landlord claimed the extra key charge was a refundable deposit and that the locks had been changed due to tenants' security complaints. The DHCR ruled against landlord.

Tenants complained of a rent overcharge based on charges for keys. Landlord collected key deposits and ''forfeiture fees'' in the amounts of $50 and $100 in connection with the installation of new door locks on the building's entrance doors. Landlord issued one key for each apartment and charged tenants a fee for any additional keys. The DRA ruled for tenants, and landlord appealed. Landlord claimed the extra key charge was a refundable deposit and that the locks had been changed due to tenants' security complaints. The DHCR ruled against landlord. Landlord's new system altered the prior service, included in tenants' rents, of providing two free building keys. Landlord was changing the terms of tenants' leases and overcharging by collecting extra key charges. Landlord was ordered to refund the key charges.

J. Ballas Co.: DHCR Adm. Rev. Dckt. No. DB810031RO (4/28/99) [3-pg. doc.]

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