No 1/40th Increase for Refrigerator Ordered After Tenant Moved In

April 17, 2007

LVT Number: 19506

Tenant complained of a rent overcharge. She claimed that landlord charged her a 1/40th increase for a new refrigerator. The DRA ruled against tenant and found no overcharge. Tenant appealed. Landlord ordered the new refrigerator after tenant had moved in. The DHCR ruled for tenant. The refrigerator wasn't ordered while the apartment was vacant, before tenant moved in. Since it was ordered after tenant moved in, tenant's written consent was required to charge a 1/40th rent increase. Tenant didn't consent to any rent increase, so landlord couldn't collect the 1/40th increase.

Tenant complained of a rent overcharge. She claimed that landlord charged her a 1/40th increase for a new refrigerator. The DRA ruled against tenant and found no overcharge. Tenant appealed. Landlord ordered the new refrigerator after tenant had moved in. The DHCR ruled for tenant. The refrigerator wasn't ordered while the apartment was vacant, before tenant moved in. Since it was ordered after tenant moved in, tenant's written consent was required to charge a 1/40th rent increase. Tenant didn't consent to any rent increase, so landlord couldn't collect the 1/40th increase. Landlord was ordered to refund $112 to tenant.

Nahornaya: DHCR Adm. Rev. Docket No. UJ210053RT (1/22/07)[2-pg. doc.]

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