Landlord Can't Charge $35 per Month for Tenant's Pet

January 1, 2005

LVT Number: 17848

Tenant complained of a rent overcharge. When it was time to renew her lease, landlord charged tenant an extra $35 per month because tenant had gotten a dog. Landlord also required tenant to pay a $250 nonrefundable pet deposit. The DRA ruled for tenant and ordered land-lord to refund $400 to tenant. Landlord appealed, arguing that tenant didn't have a dog when she signed her initial lease and that she agreed to the dog charge. The DHCR ruled against landlord. Nothing in the ETPA permits separate lease agreements for pets. Landlord can't charge additional rent because tenant keeps a pet.

Tenant complained of a rent overcharge. When it was time to renew her lease, landlord charged tenant an extra $35 per month because tenant had gotten a dog. Landlord also required tenant to pay a $250 nonrefundable pet deposit. The DRA ruled for tenant and ordered land-lord to refund $400 to tenant. Landlord appealed, arguing that tenant didn't have a dog when she signed her initial lease and that she agreed to the dog charge. The DHCR ruled against landlord. Nothing in the ETPA permits separate lease agreements for pets. Landlord can't charge additional rent because tenant keeps a pet.

Home Properties: DHCR Adm. Rev. Dckt. NO. SH910001RO (11/23/04) [2-pg. doc.]

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