Landlord Can't Increase Deposit When Renewing Lease

LVT Number: 18535

Tenant complained that landlord didn't renew her rent-stabilized lease. The DRA ordered landlord to give tenant a renewal lease and ordered tenant to pay an increased security deposit to reflect the current one month's rent. Tenant appealed, arguing that she shouldn't have to pay the security deposit increase. The DHCR ruled for tenant. Tenant moved into the apartment in 1973. Landlord collected an initial security deposit equal to one month's rent. Landlord collected no further security deposit increase whenever the lease was renewed.

Tenant complained that landlord didn't renew her rent-stabilized lease. The DRA ordered landlord to give tenant a renewal lease and ordered tenant to pay an increased security deposit to reflect the current one month's rent. Tenant appealed, arguing that she shouldn't have to pay the security deposit increase. The DHCR ruled for tenant. Tenant moved into the apartment in 1973. Landlord collected an initial security deposit equal to one month's rent. Landlord collected no further security deposit increase whenever the lease was renewed. Since a rent-stabilized renewal lease must be offered on the same terms and conditions as the last lease, landlord couldn't require tenant to pay an additional security.

Hillo/53 Irving Place LLC: DHCR Adm. Rev. Dckt. Nos. TG410008RT & TG410046RO (10/4/05) [5-pg. doc.]

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