Tenant Didn't Consent to Apartment Improvement Costs

Rent-stabilized tenant complained of a rent overcharge. Landlord had upgraded tenant's kitchen at some point after tenant moved in. Tenant paid landlord $1,100 toward the cost. The DRA ruled for tenant and ordered landlord to refund the improvement cost payment. Landlord appealed and lost. Landlord admitted that it collected $50 per month for 22 months from tenant. Landlord claimed that tenant agreed to this payment. But tenant never consented in writing to the increase, so landlord was barred by Rent Stabilization Code Section 2522.4(a)(1) from collecting this charge even if landlord otherwise properly charged tenant for improvements, not repairs.

Avenue 219 West 81st LLC: DHCR Adm. Rev. Docket No. YB410030RO (7/20/10) [3-pg. doc.]