Rent Overcharge for Storage Fee

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant because landlord charged tenant a $50 monthly storage fee when the building's initial service registration form included storage in tenants' rents. Landlord and tenant both appealed and lost. Tenant claimed that there was an additional overcharge based on individual apartment improvements (IAIs) for which landlord grossly inflated the costs and didn't sufficiently document. But the DHCR found that landlord fully and properly documented the cost of IAIs made to the apartment. Landlord argued that the inclusion by prior landlord of storage on the 1984 initial building-wide registration of required services was in error. Landlord also argued that, since no tenant had complained about this in four years or more, that should be considered presumptive proof that the condition was de minimis, or minor. The DHCR found that storage space was listed as a building-wide service in the apartment's initial registration. So landlord can't charge the occupying tenant a separate fee for storage. Landlord assumed the responsibilities of prior landlord when it bought the building, and no landlord ever filed an application to change required services.

Garner/PWV Acquisition, LLC: DHCR Adm. Rev. Docket Nos. GR410008RT, GR410009RO (4/3/19) [3-pg. doc.]