DHCR Can't Rule on Whether Landlord Can Charge Tenant Attorney's Fees

Rent-stabilized tenant complained of rent overcharge after landlord billed him for attorney’s fees in addition to his monthly rent. Landlord claimed that the fees were charged because after the Fire Department had to break down tenant’s apartment door, the door was replaced at no charge to tenant and landlord had to appear in court, where tenant defaulted. The DRA ruled only that any question as to whether landlord could charge tenant these attorney’s fees had to be decided by a court. Tenant appealed and lost. Whether landlord could charge attorney’s fees to tenant in this case was beyond the scope of the DHCR’s authority to decide.

Carter: DHCR Adm. Rev. Docket No. ET210076RT (3/29/17) [2-pg. doc.]