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Landlord applying rent payments to late fees and MCI payment

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Landlord applying rent payments to late fees and MCI payment

Postby brklyngirl » Thu Apr 06, 2023 3:12 pm

I have been paying my rent each month for the past two years. But I have a running bill of late fees and MCI increases dating back almost ten years. The management company keeps applying my rent payments toward these past fees. Are they allowed to do that? I am usually able to get them to fix it but I am afraid they are attempting to collect these past debts by refusing my rent.

I guess my question is: can the landlord apply rent payments to other monies owed?
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Re: Landlord applying rent payments to late fees and MCI pay

Postby TenantNet » Thu Apr 06, 2023 3:36 pm

First, there is a general statute of limitations of six years, so that means any rent that accrued prior to six years ago, is not collectible. However, check to see how COVID impacted that. They put a freeze on the SOL, so it's possible that the 6 years would be extended for the amount of time the SOL was frozen.

Check you lease to see what late fees are permissible. Some might be, but that probably applies only to rent, not to other charges.

Third, from now until you die, always earmark every payment (search this forum for earmarking). That means you should put in the memo field of a check or money order something like "Rent for April 2023 ONLY and for no other months." That means they must apply it to the April charge, not some month from before. Be careful that some electronic payment systems might not allow for a memo field.

Ask them for a ledger for your apartment. That should show the charges, your payments, check or m.o. number and to which month it was applied. Regular monthly statements or bills will not show that detail. They might not send you the ledger, but make the request.

Always keep copies of everything, including envelopes (as they have postmarks). Send payments by Certificate of Mailing (cheaper than Certified Mail).
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