Tenant's Signature on Lease Doesn't Count as Written Consent to Improvements

Tenant complained of a rent overcharge. Landlord had installed new windows while tenant was living in the apartment and charged him a 1/40th rent increase. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant had been prior tenant's roommate and that landlord could get an increase for improvements made without tenant's consent because they were agreed upon at the time the roommate signed a vacancy lease in his own name. The DHCR ruled against landlord. Tenant's signature on the lease didn't constitute written consent to the improvements. The windows weren't even ordered until one year after tenant had signed the lease, and there was no mention of the windows in the lease. Landlord was barred from collecting a rent increase for the installation because it was made during tenant's occupancy, without tenant's written consent.

Forest Hills Associates: DHCR Adm. Rev. Dckt. No. ED110254RO (1/6/95) [5-page document]