Landlord Can Collect Additional Charges

February 1, 2002

LVT Number: 15591

Rent-controlled tenant sued landlord, claiming that it had no right to collect water, tax, and other assessments beyond the maximum collectible rent. The court ruled against tenant and awarded landlord back rent. Tenant appealed and lost. The DHCR had already ruled that landlord was entitled to collect these assessments. Tenant never appealed the DHCR's ruling. So landlord was unquestionably entitled to collect the disputed amounts.

Rent-controlled tenant sued landlord, claiming that it had no right to collect water, tax, and other assessments beyond the maximum collectible rent. The court ruled against tenant and awarded landlord back rent. Tenant appealed and lost. The DHCR had already ruled that landlord was entitled to collect these assessments. Tenant never appealed the DHCR's ruling. So landlord was unquestionably entitled to collect the disputed amounts.

Kirwan v. Edgewater Park Owners Coop., Inc.: NYLJ, 1/24/02, p. 20, col. 1 (App. T.1Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

Topics

More like this