No Tenant Consent to Increase

September 30, 2005

LVT Number: 18383

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's ruling was arbitrary and unreasonable. The court ruled against landlord. Landlord claimed that he was entitled to a 1/40th rent increase for apartment improvements he made before tenant moved in. But none of the documents landlord submitted to the DHCR showed that the improvements were done before tenant moved in. Landlord needed written consent to collect any increase for improvements done after tenant moved in. The DHCR's ruling was reasonable.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's ruling was arbitrary and unreasonable. The court ruled against landlord. Landlord claimed that he was entitled to a 1/40th rent increase for apartment improvements he made before tenant moved in. But none of the documents landlord submitted to the DHCR showed that the improvements were done before tenant moved in. Landlord needed written consent to collect any increase for improvements done after tenant moved in. The DHCR's ruling was reasonable.

Pierce v. DHCR: NYLJ, 9/16/05, p. 19, col. 1 (Sup. Ct. Kings; Lewis, J)

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