Landlord Can't Charge New Tenant Last Month's Rent at Move-in

Tenant complained of a rent overcharge. Tenant claimed that when she moved in, landlord charged her the first month's rent, a security deposit, and last month's rent. Landlord claimed that tenant's credit check wasn't approved and that tenant agreed to pay the last month's rent in advance to get the apartment rental. Tenant claimed that she didn't agree to this and that landlord forged her signature on a supposed written agreement to do so. The DRA ruled for tenant and ordered landlord to refund the last month's rent. Landlord appealed and lost. The Rent Stabilization Code bars collection of anything other than the first month's rent and one month's security deposit when tenant moves in.

Jamaica Seven LLC: DHCR Adm. Rev. Dckt. No. SC110016RO (4/26/04) [2-pg. doc.]