Tenant's Written Consent Didn't State Exact Amount of Increase

November 1, 2002

LVT Number: 16196

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. The DRA found that landlord had waived the right to collect a $100 per month rent increase for kitchen cabinets installed in tenant's apartment. Landlord appealed, claiming that tenant had consented to the rent increase for the cabinets. The DHCR ruled against landlord. Tenant's lease was renewed several times before landlord collected the rent increase for the kitchen cabinets. And, more important, the written consent signed by tenant wasn't valid.

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. The DRA found that landlord had waived the right to collect a $100 per month rent increase for kitchen cabinets installed in tenant's apartment. Landlord appealed, claiming that tenant had consented to the rent increase for the cabinets. The DHCR ruled against landlord. Tenant's lease was renewed several times before landlord collected the rent increase for the kitchen cabinets. And, more important, the written consent signed by tenant wasn't valid. It wasn't clearly dated and didn't state the exact amount of the rent increase.

Hillside Estates: DHCR Admin. Rev. Dckt. No. LJ110004RK (8/8/02) [3-pg. doc.]

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