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Posted by Kerry on September 16, 2000 at 03:52:17:

In Reply to: Re: Do we have to pay for a new fridge? posted by TenantNet on September 15, 2000 at 01:01:21:

Tenant Net is right I was wrong the landlord has to get permission for the incease, the following is DHCR fact sheet on the installation of new equipment:

A building owner may raise the rent in an individual apartment based on increased services, new equipment, or improvements. This increase is in addition to the regular annual Rent
Guidelines Board increases for rent stabilized apartments, and Maximum Base Rent increases for rent controlled apartments.

If an owner adds new services, improvements, or new equipment to an occupied rent stabilized or rent controlled apartment, the owner must get the tenant's written consent to pay the
increase. The owner may charge the tenant a rent increase equal to 1/40th of the cost of the new equipment, including installation costs, but not finance charges. An order from DHCR
is not required before the owner may collect this type of rent increase. However, for rent controlled housing accommodations before an owner may collect this increase, the owner
must file an "Owner's Notice of a Rent Increase Based on Increased Services/New Furnishings/Equipment/Painting; and Tenant's Statement of Consent" (DHCR Form RN-79b)
with DHCR.

If any apartment is vacant, the owner does not have to get either prior approval by DHCR or written consent of a tenant to collect the 1/40th increase.

The owner should keep all bills for improved services, new equipment, or improvements to prove their cost in the event a tenant challenges the rent increase.

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Comments:
: Tenant Net is right I was wrong the landlord has to get permission for the incease, the following is DHCR fact sheet on the installation of new equipment:

: A building owner may raise the rent in an individual apartment based on increased services, new equipment, or improvements. This increase is in addition to the regular annual Rent
: Guidelines Board increases for rent stabilized apartments, and Maximum Base Rent increases for rent controlled apartments. 

: If an owner adds new services, improvements, or new equipment to an occupied rent stabilized or rent controlled apartment, the owner must get the tenant's written consent to pay the
: increase. The owner may charge the tenant a rent increase equal to 1/40th of the cost of the new equipment, including installation costs, but not finance charges. An order from DHCR
: is not required before the owner may collect this type of rent increase. However, for rent controlled housing accommodations before an owner may collect this increase, the owner
: must file an "Owner's Notice of a Rent Increase Based on Increased Services/New Furnishings/Equipment/Painting; and Tenant's Statement of Consent" (DHCR Form RN-79b)
: with DHCR. 

: If any apartment is vacant, the owner does not have to get either prior approval by DHCR or written consent of a tenant to collect the 1/40th increase. 

: The owner should keep all bills for improved services, new equipment, or improvements to prove their cost in the event a tenant challenges the rent increase. 


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