No Overcharge for Late Fee Permitted Under Tenant's Lease

Tenant complained of a rent overcharge based on landlord's collection of a $25 late fee for overdue rent. She claimed that she paid her rent on time. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant's lease permitted landlord to charge a late fee. And while repeated, unjustified assessment of late charges could be cause for a harassment complaint, the DHCR doesn't make fact findings as to whether tenant paid rent on time.

Saccone: DHCR Adm. Rev. Docket No. YC910009RT (7/28/10) [2-pg. doc.]