Landlord Can Raise Tenant's Rent Based on Stove Replacement

LVT Number: #27064

The DRA granted landlord’s application for an increase in the MBR and MCR for rent-controlled tenant. Landlord had replaced tenant’s stove, and tenant signed a consent form for a 1/40th rent increase based on individual apartment improvements. The DRA therefore increased tenant’s rent by $12.76 per month. Tenant appealed and lost. Tenant claimed that she signed the consent form for the rent increase under duress and that landlord had caused the top of the old stove to melt by turning up the pilot light.

The DRA granted landlord’s application for an increase in the MBR and MCR for rent-controlled tenant. Landlord had replaced tenant’s stove, and tenant signed a consent form for a 1/40th rent increase based on individual apartment improvements. The DRA therefore increased tenant’s rent by $12.76 per month. Tenant appealed and lost. Tenant claimed that she signed the consent form for the rent increase under duress and that landlord had caused the top of the old stove to melt by turning up the pilot light. But the DHCR found no reason to disallow the rent increase ordered.

 

 

 

 

Cooke: DHCR Adm. Rev. Docket No. EN220011RT (4/13/16) [2-pg. doc.]

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