Landlord Can't Charge for Lobby Door Key

Tenant told the DHCR that landlord charged $5 for a lobby door key and $50 for the replacement of a lost lobby door key. Tenant asked the DHCR if this was allowed under the rent stabilization law and regulations. In an opinion letter, the DHCR said no. The DHCR has ruled that landlords can't charge a key deposit or charge a nonrefundable fee for keys. This is because landlords must maintain all required services and a front door key is a required service. In addition, charging a fee for a lobby door key constitutes the collection of rent, so this would be a rent overcharge. Also, if it was a base date practice not to charge a fee for the replacement of a lost key, landlord shouldn't charge one. And if the charge is excessive, it would be a rent overcharge.

DHCR Opin. Ltr. by Charles Goldstein (5/20/98) [2-page document]