Landlord Removed Improper Additional Garage Rent Charges

LVT Number: #28384

Rent-stabilized tenant complained of rent overcharge, claiming landlord increased his garage parking fee from $27.30 to $50 per month, with retroactive arrears for 72 months. Landlord claimed that the excess parking charges were an error and were removed while tenant was again charged $27.30. The DRA dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord continued to bill him for late charges and "legal arrears," which landlord then converted to show as parking arrears on rent statements.

Rent-stabilized tenant complained of rent overcharge, claiming landlord increased his garage parking fee from $27.30 to $50 per month, with retroactive arrears for 72 months. Landlord claimed that the excess parking charges were an error and were removed while tenant was again charged $27.30. The DRA dismissed the complaint. Tenant appealed and lost. Tenant claimed that landlord continued to bill him for late charges and "legal arrears," which landlord then converted to show as parking arrears on rent statements. Tenant pointed out that landlord had commenced no court actions that could have resulted in legal charges. In response, landlord said that it had removed all arrears from tenant's garage rent ledger. The DHCR dismissed the PAR since landlord had removed unlawful charges and any balance due on tenant's ledger reflected solely garage rent charges. 

Roberts: DHCR Adm. Rev. Docket No. FP910042RT (3/7/18) [3-pg. doc.]

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