Landlord Can't Charge Pet Registration Fee

LVT Number: 17067

Landlord charged rent-stabilized tenant an annual pet registration fee of $25 for each dog or cat. Tenant asked the DHCR if this constituted a rent overcharge. In an opinion letter, the DHCR said yes. If tenant's lease allowed pets, or if tenant had kept a pet openly for more than three months so that there was a waiver of any ''no-pet'' lease clause, a pet registration fee would be a rent increase. The Rent Stabilization Code didn't permit any rent increase for pets.

Landlord charged rent-stabilized tenant an annual pet registration fee of $25 for each dog or cat. Tenant asked the DHCR if this constituted a rent overcharge. In an opinion letter, the DHCR said yes. If tenant's lease allowed pets, or if tenant had kept a pet openly for more than three months so that there was a waiver of any ''no-pet'' lease clause, a pet registration fee would be a rent increase. The Rent Stabilization Code didn't permit any rent increase for pets.

DHCR Opin. Ltr. by Charles Goldstein (9/9/03) [4-pg. doc.]

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