Tenant Didn't Consent to Improvement Rent Hike

March 1, 2003

LVT Number: 16395

Tenant complained of a rent overcharge. Landlord had installed new windows in tenant's apartment and sought a rent increase. Landlord claimed that tenant had agreed in a court settlement to pay the 1/40th cost of the windows. The DRA ruled for tenant and barred landlord from collecting the rent increase for the apartment improvements. Landlord appealed and lost. The court settlement agreement didn't state the amount of the rent increase for the 1/40th improvements.

Tenant complained of a rent overcharge. Landlord had installed new windows in tenant's apartment and sought a rent increase. Landlord claimed that tenant had agreed in a court settlement to pay the 1/40th cost of the windows. The DRA ruled for tenant and barred landlord from collecting the rent increase for the apartment improvements. Landlord appealed and lost. The court settlement agreement didn't state the amount of the rent increase for the 1/40th improvements. For a consent to be valid under the Rent Stabilization Code, it must specifically state the cost of the improvement and the amount of the rent increase that tenant is consenting to.

Mongelluzzo: DHCR Adm. Rev. Dckt. No. QI210021RO (10/25/02) [2-pg. doc.]

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