Landlord Didn't Prove Tenant Consented to New Windows

Tenant complained of a rent overcharge. He had been prior tenant's roommate. When prior tenant moved out, landlord gave tenant a lease on the condition that tenant consent to a rent increase for new windows. But tenant never consented in writing, and the new windows were never installed. The DHCR ruled for tenant, finding a willful overcharge. Landlord was ordered to pay triple damages. Landlord appealed, claiming that tenant wouldn't permit access for the window installation. The court ruled against landlord. The DHCR's decision was reasonable. Under the rent stabilization code, no rent increase was permitted for new equipment without written consent from tenant in occupancy. And landlord hadn't even ordered the windows until a year after tenant signed his lease. The lease itself made no mention of any new windows.

Forest Hills Associates v. DHCR: NYLJ, p. 30, col. 2 (9/7/95) (Sup. Ct. Queens; Milano, J)