Lease Clause Void

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA should have granted a 1/40th rent increase for a new stove installed in tenant's apartment. Tenant's lease had a clause stating that landlord would install new fixtures and improvements agreed to within a reasonable time from the start of the lease. The clause also stated that there would be no rent abatement for any period during which the improvements weren't installed after tenant moved in. The DHCR ruled against landlord. The lease clause was void with regard to requiring payment of a rent increase for new equipment before it was installed. And the lease clause didn't state even an approximate cost of the stove for which landlord collected a rent increase.

Wyndham Realty Co.: DHCR Admin. Rev. Dckt. No. OI410017RP (1/11/02) [7-pg. doc.]