No Written Consent from Prior Tenant

Tenant complained of a rent overcharge. His initial monthly rent was $450. Prior tenant's last rent was $375. Landlord claimed improvements were made to the apartment while prior tenant still lived there. Landlord said that prior tenant verbally agreed to a rent increase and paid $419 before he moved out. The DHCR ruled for tenant and found a rent overcharge. Written consent is required to legally get a rent increase for improvements made while tenant is in occupancy. Landlord appealed, arguing for the first time that because the improvements were made before complaining tenant moved in, landlord was entitled to the rent increase whether or not prior tenant consented. The court ruled against landlord. The court was limited to looking at whether the DHCR's ruling was reasonable, given the record. Landlord didn't raise this argument before the DHCR. And since the improvements were made while prior tenant lived in the apartment, the DHCR was reasonable to require written consent from prior tenant for the improvements.

36-08 Queens Realty v. DHCR: NYLJ, p. 31, col. 5 (12/11/95) (App. Div. 2 Dept.; Altman, JP, Hart, Friedmann, Krausman, JJ)