Q: My boyfriend lives in a rent-stabilized apartment in New York City. The building owner built an “amenity space” that includes a fitness room and a lounge. Now all renters will be charged $100 every month, which the owner says is mandatory. Can the owner charge this fee to rent-stabilized tenants? What should she do?
A: Rent-stabilized housing is highly regulated in New York, and there are strict laws governing what additional fees landlords can charge these tenants. In certain circumstances, fees may be charged in addition to the rent for things such as air conditioning, washing machines and smoke detectors. But landlords can't just charge for everything.
“The law is very specific and clear that a rent-stable tenant may not have to pay for ancillary services or amenities like a gym or lounge,” said Rosalind Black, citywide housing director at Legal Services NYC.
Your friend should notify the owner in writing that she will neither use nor pay for this “leisure space.” She can cite the state's Rent Stabilization Act in her letter, which states: “No property owner shall, as a condition of leasing residential accommodation, require a tenant or prospective tenant to rent, rent or pay any incidental service other than a security deposit.”
The Department of Housing and Community Renewal, which is responsible for rent-stabilized housing, has published a helpful fact sheet on allowable and non-permissible fees. Your friend can include this in the letter to her landlord.
“Landlords are always looking for ways to make money from a rent-stabilized apartment, but so many of these attempts have been rejected by the DHCR,” said Michelle Itkowitz, a landlord and tenant lawyer in Brooklyn.
If the owner continues to try to collect this fee, your friend can file a rent overage complaint with the Department of Housing and Community Renewal. She should involve her neighbors. If many rent-stabilized tenants in the same building or in buildings owned by the same owner complain about excessive prices, DHCR may refer the cases together for regulatory oversight or enforcement proceedings.
In the event that the landlord leases space to an outside operator for a gym or pool, and as part of its agreement the amenity must be offered to all residents at a certain price, it would be legal for all tenants, fair market and stable, to charge the same fee, Ms. Itkowitz said. However, this only applies if you opt for the service and the landlord does not collect the fee.