Tenant Didn't Consent to Increase

LVT Number: 11375

Landlord applied for rent increase to rent-controlled tenant's maximum rent based on installation of a new stove and refrigerator. The DRA ruled for landlord, and tenant appealed. She claimed that the appliances were installed under a prior DHCR order issued in response to tenant's service complaint. Tenant claimed that landlord made her sign a rent increase consent form when the new stove and refrigerator were installed. Landlord claimed that tenant refused to accept secondhand appliances in good working order and so it was entitled to the rent increase.

Landlord applied for rent increase to rent-controlled tenant's maximum rent based on installation of a new stove and refrigerator. The DRA ruled for landlord, and tenant appealed. She claimed that the appliances were installed under a prior DHCR order issued in response to tenant's service complaint. Tenant claimed that landlord made her sign a rent increase consent form when the new stove and refrigerator were installed. Landlord claimed that tenant refused to accept secondhand appliances in good working order and so it was entitled to the rent increase. The DHCR ruled for tenant and revoked the rent increase. Tenant had signed her consent to landlord's rent restoration application. This wasn't the same as consenting to a rent increase for new equipment. And there was no proof that tenant was offered secondhand equipment.

Glassberg: DHCR Adm. Rev. Dckt. No. FL220111RT (11/15/96) [2-page document]

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