Landlord Didn't Waive Right to Object to Tenant-Installed Satellite Dishes

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenants complained of a rent overcharge. They claimed that landlord increased rents, without notice or tenants' consent, for satellite dishes installed by tenants on the building's roof. The DRA ruled for tenants. Since landlord didn't demand additional rent payments until five months after tenants installed the dishes, it had waived the right to object to the installations and they became a required service. Landlord appealed. The DHCR ruled for landlord in part. FCC guidelines state that installation of satellite dishes on common property is barred, so the DRA incorrectly found that landlord waived the right to object to the installation of the dishes and landlord was entitled to demand their removal. Landlord can go to court to seek the removal of a satellite dish that doesn't conform to FCC guidelines. But FCC guidelines don't specify that landlord and tenant can agree to installation in a different area in exchange for tenant payment. So the DRA correctly ordered landlord to refund the satellite dish charges.

Greenwich Arms: DHCR Adm. Rev. Dckt. No. QF710013RO (6/18/03) [3-pg. doc.]