Our renewal just came for our rent-stabilized one-bedroom in Dyker. The renewal has the usual approved increase, but there is also a separate line in the rider for a monthly building services fee. The managing agent says it covers trash pickup, hallway cleaning, and administrative costs. That sounds off, because our current lease does not have it. Is this just a way to get an extra increase without it showing in the legal regulated rent? We have about two weeks to sign. Anyone dealt with this?

Yeah that is not how stabilization works. In a stabilized apartment, your rent is what is registered and included in the renewal. They cannot tack on a separate monthly building services line unless it is part of a legal pass-along like an MCI, and even then it gets folded into the rent with a proper rider and DHCR order. Ask for a corrected renewal without the fee and a copy of the current registration. Do not sign the version with the junk line.

Wait, this is exactly what our renewal had in Harlem. They called it a common area maintenance fee and said it was not rent because it was billed separately. I assumed it was because the building added cameras and a part-time porter. Is there a way to check whether it is an approved MCI, or is management just seeing what they can get away with?

beth, I had the same thought. I looked up the building on the state site and did not see any recent MCI order, but I am not totally sure I searched the right docket. The lease rider literally says the fee is 'not rent for purposes of the rent stabilization law,' which almost feels like they know they cannot call it rent. I have not signed. The super said 'new owners are doing it in all their buildings.'

That line is the giveaway. For a stabilized lease, any required recurring payment for the apartment is generally part of your legal rent unless the law separately allows it. Trash and hallway cleaning are not one of those. I would file an overcharge complaint, or at least ask for a DHCR administrative determination, before paying a cent. And never take the super's 'other buildings' line at face value.

Same fear. Do I keep paying the fee in the meantime if I already signed? And can they just fold it into next year's increase instead? I really don't want to make a fuss now and then see an even bigger number on the next renewal, but I also don't want to pay something illegal.

Thanks Morningside_M. I mailed back a letter asking them to remove the fee and send a corrected renewal, but the management office said they would get to it after the first. That is cutting close to my deadline. beth, did you already return it with the fee? I am worried signing means I accepted it, or maybe you can still challenge a non-rent charge later.

Beth, the RGB increase on your renewal is already set by the board; they cannot just make it up next year as a penalty. If they want more for an MCI, that comes through a separate order and rider, not as a future increase. If you already signed, you can still file with DHCR and claim the unauthorized amount as overcharge. Keep receipts for every payment. DykerNewbie, email them today so there is a paper trail. Verbal 'after the first' does not stop your deadline.

That is a relief. I already paid one month of the fee, so I will print the ledger and start a DHCR inquiry. DykerNewbie, please update if they actually send a corrected renewal. Our super gave the same 'all buildings' line, so I suspect it is a management-wide policy. Ugh.