No Tenant Consent

September 30, 1996

LVT Number: 10922

Landlord applied for a rent increase in rent-controlled tenant's rent based on the installation of a new stove, sink, and cabinet. Tenant claimed he didn't consent to the rent increase for the new equipment. The DRA ruled for landlord and increased tenant's rent by $22.35 per month. Tenant appealed and won. The fact that tenant requested repair and replacement of defective equipment and filed a service complaint doesn't constitute implied consent to a rent increase.

Landlord applied for a rent increase in rent-controlled tenant's rent based on the installation of a new stove, sink, and cabinet. Tenant claimed he didn't consent to the rent increase for the new equipment. The DRA ruled for landlord and increased tenant's rent by $22.35 per month. Tenant appealed and won. The fact that tenant requested repair and replacement of defective equipment and filed a service complaint doesn't constitute implied consent to a rent increase. In fact, landlord had stated in response to tenant's service complaint that new equipment was being provided to tenant without a rent increase.

Shill: DHCR Adm. Rev. Dckt. No. FH220234RT (8/20/96) [3-page document]

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