DHCR Can't Decide Satellite Dish Issue

LVT Number: 18036

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge based on landlord's collection of a $50 per month surcharge for tenant's use of a satellite dish on the building roof. The DRA ruled for tenant and ordered a refund. Landlord appealed and won. The DHCR has no authority to rule on the installation, removal, or charges for satellite dishes. Satellite dishes are governed by federal regulations. Landlord or tenant must go to a proper court to resolve any disputes.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge based on landlord's collection of a $50 per month surcharge for tenant's use of a satellite dish on the building roof. The DRA ruled for tenant and ordered a refund. Landlord appealed and won. The DHCR has no authority to rule on the installation, removal, or charges for satellite dishes. Satellite dishes are governed by federal regulations. Landlord or tenant must go to a proper court to resolve any disputes.

Greenwich Arms Co.: DHCR Adm. Rev. Dckt. No. RL710032RO (3/3/05) [3-pg. doc.]

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