Tenant Agreed to Increase for New Aluminum Windows

LVT Number: 8467

Landlord asked the DRA for permission to increase rent-stabilized tenant's rent. Landlord had installed three new aluminum windows in tenant's apartment. Tenant asked for the new windows, which cost $570. The DRA ruled for landlord, granting a monthly rent increase of $14.25. Tenant appealed, claiming that he'd signed the consent form for the rent increase because landlord said he wouldn't replace the windows if he didn't sign it. The DHCR ruled against tenant. The amount of the rent increase equaled 1/40th of the cost of the new windows.

Landlord asked the DRA for permission to increase rent-stabilized tenant's rent. Landlord had installed three new aluminum windows in tenant's apartment. Tenant asked for the new windows, which cost $570. The DRA ruled for landlord, granting a monthly rent increase of $14.25. Tenant appealed, claiming that he'd signed the consent form for the rent increase because landlord said he wouldn't replace the windows if he didn't sign it. The DHCR ruled against tenant. The amount of the rent increase equaled 1/40th of the cost of the new windows. This wasn't excessive; it was the allowable amount of rent increase for new equipment. And the rent increase application form, which tenant had signed, clearly stated that it was for a rent increase for the new windows. The amount of the rent increase wasn't stated on the form copy that tenant had signed. Landlord claimed that this was because the cost was unknown at the time tenant requested the windows. The DHCR found that tenant had knowingly signed the blank application form.

Kubelski: DHCR Adm. Rev. Dckt. No. BL 220022-RT (11/19/93) [3-page document]

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