Legal Rent Doesn't Include Utilities, Phone, or Cable Service

Landlord asked the DRA to determine tenant's legal rent. Tenant claimed that electric, gas, telephone, and cable TV were included in her rent, and that she was entitled to a retroactive refund. There had been a prior overcharge determination, but it made no ruling on whether landlord had to provide services other than heat and hot water. Tenant originally had no signed lease, and her initial rental included utilities, use of landlord's furniture, cable TV, telephone, and other appliances. Tenant's first lease, a year later, reduced her rent from $1,850 to $950. The DRA ruled for landlord, finding that gas, electricity, telephone, and cable services weren't included in tenant's legal rent, but were separate charges. Tenant appealed and lost. In 1984, landlord registered a stove, refrigerator, and blinds/shades as provided services. Telephone and cable TV are generally not services provided to rent-stabilized tenants as part of their monthly rent. And neither landlord nor tenant raised the issue of these services in a prior rent overcharge case. Any further claim by tenant of a rent overcharge is barred because the issue for that period of time already was decided.

Doal: DHCR Adm. Rev. Dckt. No. TB420006RT (1/10/06) [4-pg. doc.]