Landlord Needn't Refund $300 Payment to Former Super

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that he had paid $300 to the building's super as a fixture fee when he moved into the apartment. Tenant argued that this fee was an overcharge, which landlord should refund to him. The DHCR ruled against tenant. The super was no longer employed by landlord when tenant moved in and paid him the fee. Landlord knew nothing about this. So tenant must try to collect that money directly from the super. It wasn't part of an overcharge by landlord.

3505 Decatur Realty Corp./Ndiaye: DHCR Admin. Rev. Dckt. Nos. OJ610041RO and OJ610034RT (3/8/02) [3-pg. doc.]