Tenant Paid 'Key Money' to Switch Apartments

Facts: Tenant complained of a rent overcharge, claiming he had to pay ''key money'' to switch apartments in the building. The DRA ruled for tenant, and landlord appealed, claiming that tenant paid the building's super for merchandise and that this was a private transaction for which landlord wasn't responsible. In response, tenant submitted sworn statements from other tenants who also paid ''key money'' to the super to get apartments in the building. DHCR: Tenant wins. The statements submitted by other tenants were believable, and the super was landlord's registered managing agent. So landlord was responsible for this rent overcharge.

Wyndam Realty Co.: DHCR Adm. Rev. Dckt. No. DL510109RO (2/11/98) [4-page document]