Increased Late Fee Constitutes Overcharge

LVT Number: #22941

Rent-stabilized tenant complained of a rent overcharge based on excessive late fees charged for late payment of rent. The DRA ruled for tenant. Landlord appealed, claiming that the $50 late fee was authorized by tenant's original lease. The DHCR ruled against landlord. Tenant claimed that the amount listed in her original lease was only $25. The copy of tenant's lease submitted by landlord looked as if it had been altered. In any event, landlord admitted that the increased late fee was a change from the amount previously charged. Landlord was only entitled to collect a $25 late fee.

Rent-stabilized tenant complained of a rent overcharge based on excessive late fees charged for late payment of rent. The DRA ruled for tenant. Landlord appealed, claiming that the $50 late fee was authorized by tenant's original lease. The DHCR ruled against landlord. Tenant claimed that the amount listed in her original lease was only $25. The copy of tenant's lease submitted by landlord looked as if it had been altered. In any event, landlord admitted that the increased late fee was a change from the amount previously charged. Landlord was only entitled to collect a $25 late fee.

S.A.M.I. Realty LLC: DHCR Adm. Rev. Docket No. YG110015RO (8/13/10) [2-pg. doc.]

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