Renewal Lease Includes Refrigerator Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant and disallowed any rent increase for a new refrigerator landlord claimed was installed in tenant's apartment. The DRA found that landlord hadn't submitted proof of tenant's consent to the rent increase. Landlord's PAR was denied, and landlord appealed. The court ruled for landlord. Landlord had submitted a copy of a renewal lease to the DHCR that stated that tenant's monthly rent was being increased by $10 based on the refrigerator installation. Tenant signed the lease without objection. So tenant consented in writing to the 1/40th rent increase. Since this information was before the DHCR, the DHCR's decision was unreasonable.

Albermarle Corp. v. DHCR: Index No. 13094/98 (Sup. Ct. Kings; Held, J) [6-page document]