Landlord Claims Tenant Consented to Rent Increase

Rent-stabilized tenant complained of a rent overcharge after landlord added a 1/40th rent increase for apartment improvements. The DRA ruled for tenant. The work was done while tenant lived in the apartment, so it required written consent. The DRA found that tenant signed a consent form, but that the form didn't state the amount of the rent increase. Landlord appealed, claiming that tenant signed a consent form in January 2009, then signed a lease rider in February 2009, agreeing to the specific amount of the rent increase. Together, these documents showed tenant's consent to the rent increase. But the case was sent back to the DRA for further fact finding because two different renewal leases with different amounts had been submitted to the DRA.

45-55 Realty LLC: DHCR Adm. Rev. Docket No. YL210039RO (9/29/11) [2-pg. doc.]