Landlord Installed Master TV Antenna

LVT Number: 8539

Landlord filed an application for rent increases in 1987, seeking rent increases for all tenants based on the installation of a master TV antenna at the building. Twenty-four out of 38 rent-stabilized tenants signed the application, consenting to a rent increase for the service. The DRA ruled for landlord, and one tenant appealed, claiming that a former tenant had consented to the rent increase, thereby exempting current tenants from the rent increase. Also, the TV antenna was installed before tenant moved in. The DHCR ruled against tenant.

Landlord filed an application for rent increases in 1987, seeking rent increases for all tenants based on the installation of a master TV antenna at the building. Twenty-four out of 38 rent-stabilized tenants signed the application, consenting to a rent increase for the service. The DRA ruled for landlord, and one tenant appealed, claiming that a former tenant had consented to the rent increase, thereby exempting current tenants from the rent increase. Also, the TV antenna was installed before tenant moved in. The DHCR ruled against tenant. Under the DHCR policy in effect at the time of landlord's application, 51 percent of tenants had to consent to a rent increase application like the one submitted by landlord. Even if the name of the tenant who'd moved out was removed from the list, landlord still had the consent of 61 percent of tenants. So, landlord was entitled to a rent increase from all tenants.

Glattstein: DHCR Adm. Rev. Dckt. No. BL 610042-RT (12/9/93) [3-page document]

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