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Posted by TenantNet on September 14, 1997 at 02:43:16:

In Reply to: Late fees in rent-stabilized buildings posted by Gary on September 11, 1997 at 14:00:57:

: My lease with the landlord -- it is a rent-stabilized building --
contains a clause saying that late fees are to be paid, 5% of the rent,
if rent is paid after the tenth of the month.

: Is this legal? If not, is it specifically banned in some DHCR or court
decision? Thanks much.

It's not so much a matter of legality (I think they might be), but how
to collect. If you ignore paying them (and just keep paying the rent),
from the cases I've seen (but lawyers just jump in here), the owner
cannot sue you for the late fees in housing court; he would have to seek
them in either Small Claims court of Civil Court. I remember one housing
court case that was discontinued because the owner added the outstanding
late fees in with the rent demanded.

Follow Ups:

• Re: Late fees in rent-stabilized buildings Gary 9/17/97 (5)
  • Re: Late fees in rent-stabilized buildings Bill Rowen 9/18/97 (4)
    • We're both wrong TenantNet 9/19/97 (1)
      • Re: We're both wrong gary 9/23/97 (0)
    • Re: Late fees in rent-stabilized buildings Tony G. 9/19/97 (0)
    • Re: Late fees in rent-stabilized buildings gary 9/19/97 (0)

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Comments:
: : My lease with the landlord -- it is a rent-stabilized building -- 
: contains a clause saying that late fees are to be paid, 5%  of the rent, 
: if rent is paid after the tenth of the month. 

: : Is this legal? If not, is it specifically banned in some DHCR or court 
: decision? Thanks much.

: It's not so much a matter of legality (I think they might be), but how
: to collect. If you ignore paying them (and just keep paying the rent),
: from the cases I've seen (but lawyers just jump in here), the owner
: cannot sue you for the late fees in housing court; he would have to seek
: them in either Small Claims court of Civil Court. I remember one housing
: court case that was discontinued because the owner added the outstanding
: late fees in with the rent demanded.


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