Landlord Can't Charge for Use of Elevator During Move-in

LVT Number: 16335

Rent-stabilized tenant asked the DHCR if landlord could charge a $20 fee for using the building elevator for moving purposes. This charge wasn't imposed when tenant moved into the building. In an opinion letter, the DHCR said no. The fee would represent the collection of ''rent'' in excess of the legal regulated rent. So, if collected, it would be an overcharge.

Rent-stabilized tenant asked the DHCR if landlord could charge a $20 fee for using the building elevator for moving purposes. This charge wasn't imposed when tenant moved into the building. In an opinion letter, the DHCR said no. The fee would represent the collection of ''rent'' in excess of the legal regulated rent. So, if collected, it would be an overcharge.

DHCR Opin. Ltr. by Charles Goldstein (10/30/02) [2-pg. doc.]

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