Renewal lease adds a package-room maintenance fee — rent-stabilized building
#1

Been in a rent-stabilized one-bedroom in Astoria for about eight years. Renewal was slipped under my door last week and it has an addendum I've never seen: a monthly package room maintenance fee for the 'secure package retrieval system.' Our package room is just the old stroller/package nook off the lobby, behind the same locked door it's had for years. Rent has always included building amenities, and there's no separate package room charge in my current lease.

I know rent-stabilized renewals have to be on the same terms and conditions as the existing lease, with limited exceptions. It seems like they're trying to create a new recurring charge outside the legal rent. Is this enforceable? I thought DHCR has rules about charging for services that used to be included without a service reduction or an MCI-type approval. Also, the addendum says failure to pay the fee can be treated like additional rent and put on my ledger. Can they do that for a non-rent amenity charge?

I haven't signed. Should I cross out the addendum and return it? Or sign and pay under protest? I don't want to risk a nonrenewal or rip my ledger. Anyone dealt with this package-locker fee creep?

#2

I’m new to all this (first renewal year for me) so no real answer, but our building put in package lockers last month and the super said we’d get an email about 'activation.' Now I’m worried a fee is next. Can they just add it to a renewal if the old lease didn’t mention it? Also is package room fee different from a pet fee? Sorry if that’s basic.

#3

Don’t sign that addendum, full stop. If you’re actually RS and the package room wasn’t a separate metered amenity, they’re fishing. A landlord can’t create a new recurring charge and call it rent just because they bought a locker system. DHCR has long said charges for building-wide services have to be in the legal regulated rent or approved, not bolted on as fees. If they want to claim it's an MCI, they need to file. Ask them for the DHCR order or authority in writing.

Also 'additional rent' language in a rider doesn’t automatically make it enforceable; courts look at substance, not labels. I'd cross it out and initial, then email the management office asking why the service isn’t included as before. If they push back, get a tenant lawyer or Housing Court Answers to eyeball it. And don’t let them lock you out of the package room—file a reduction in services if they try.

#4

Okay this hits close. I moved to the city from Jersey in the spring and my lease has a 'smart access fee' for the app and package room. I just signed because I didn't know you could strike riders. If you cross it out, do they have to accept? Or can they just send it back and say no renewal? Also, is paying under protest a real thing? I always hear that but don't know how to actually do it without getting a late fee.

#5

Thanks all. Update: I went through my current lease and rider line by line. There's one line saying 'tenant's rent includes use of lobby, package area, and all common spaces as currently configured.' That helps, because the package room wasn't carved out.

For firstwinter—pet fees and amenity fees are not the same in a rent-stabilized context. A lawfully collectible pet fee isn't something most RS leases can have; that's more of a market-rate thing. But both fail if they're just unilaterally added at renewal.

To suburban_to_bk: In a rent-stabilized renewal, the landlord generally has to offer the same terms as the expiring lease. You can reject the addendum and ask them to reissue on the correct form. They can't legally refuse to renew solely because you refused an unlawful fee, but practically some landlords will be difficult. That's why you document in writing. For paying under protest, you don't just write 'paid under protest' on the memo line; you should send a written statement, ideally certified, saying the contested amount is paid only to preserve your tenancy and you reserve rights to challenge it. But if the fee is not in your legal rent, I'd be wary about paying it as rent because it can confuse the ledger.

For CobbleHill_C: Agreed—ask for the DHCR order or any agency authority. I called a housing counselor, and they said DHCR would likely view this as an unlawful rent overcharge or a reduction in required services, depending on how they package it. The counselor also said to keep paying my existing lawful rent and not withhold anything, because nonpayment cases move fast.

My plan: return the renewal unsigned with the addendum crossed out and a short letter objecting. If management sends it back unchanged, I'll file with DHCR and possibly use the tenant-landlord mediation route before Housing Court. I'll post an update.