Landlord Can't Collect Pet Fee

Tenant complained of a rent overcharge.She claimed that landlord charged her a pet fee of $15 per month. The DRA ruled for tenant and found that landlord had willfully overcharged her. Landlord appealed, claiming that the prior landlord had put the pet fee provision in tenant's lease and that it was therefore legal.Tenant's copy of the prior lease contained no such clause. She claimed that prior landlord didn't charge the fee. The DHCR ruled against landlord. Landlord didn't prove there was a pet fee lease clause in tenant's original lease.

Mott: DHCR Adm. Rev. Dckt. No. FB 710274 RO (3/22/95) [2-page document]