No Rent Hike for Work Done Without Tenant's Consent

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,900, including interest. Landlord appealed. A few years earlier, while the building was managed by a 7-A administrator, tenant was temporarily relocated to another apartment while repairs and renovation work were done in her apartment. Landlord argued that, since tenant agreed to move out temporarily and the work was done by the 7-A administrator, landlord properly charged tenant a rent increase for the individual apartment improvements. The DHCR ruled against landlord. Landlords can’t collect 1/40^th rent increases from tenants for apartment improvements without their written consent to the rent increase. It didn’t matter that the work was done by a 7-A administrator. Tenant didn’t consent in writing to any rent increase, so there was an overcharge.

Post Island Properties, LLC: DHCR Adm. Rev. Docket XG310038RO (12/23/09) [3-pg. doc.]