Tenant Didn't Consent in Writing to Kitchen Improvements

April 1, 2003

LVT Number: 16465

Tenant complained of a rent overcharge. The DHCR ruled for tenant and disallowed a 1/40th rent increase based on the installation of kitchen cabinets costing $3,000. Landlord appealed, claiming that it had obtained tenant's written consent to the improvements. The court and appeals court ruled against landlord. Landlord merely gave tenant a typewritten lease rider with a general agreement to install a new kitchen in the future without specifying the nature of the improvements that tenant was consenting to or the amount to be spent.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and disallowed a 1/40th rent increase based on the installation of kitchen cabinets costing $3,000. Landlord appealed, claiming that it had obtained tenant's written consent to the improvements. The court and appeals court ruled against landlord. Landlord merely gave tenant a typewritten lease rider with a general agreement to install a new kitchen in the future without specifying the nature of the improvements that tenant was consenting to or the amount to be spent. And landlord's argument that tenant's consent was unnecessary because the cabinets were ordered during an apartment vacancy was first raised in landlord's PAR and couldn't be considered.

Bronx Park East, LLP v. DHCR: NYLJ, 3/31/03, p. 19, col. 2 (App. Div. 1 Dept.; Buckley, PJ, Nardelli, Andrias, Ellerin, Friedman, JJ)

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