Surcharge for Closet Space Is Part of Legal Regulated Rent
LVT Number: 18393
Tenant complained of a rent overcharge. He said that landlord improperly charged a surcharge for a basement closet space. The DRA ruled against tenant. Because landlord had charged the surcharge since before the base date, it couldn't be challenged. Tenant appealed. He said his complaint wasn't really about a rent overcharge but was about whether the closet space was an ancillary service included in his rent. The DHCR ruled for tenant. Tenant's last renewal lease contained a clause stating that the closet space was included in tenant's rent at no additional cost. So the closet space was an ancillary service, and the surcharge was part of tenant's legal rent.
Duchein: DHCR Adm. Rev. Dckt. No. TF410022RT (8/4/05) [2-pg. doc.]