"Added rent" can't be collected in an eviction case

Renters who carefully read their leases may notice the term “added rent” peppering the document. This is a legal strategy to collect the most possible money through a court judgment if a tenant is evicted. It’s also no longer legal in New York.

It used to be standard to specify that fees charged for late payments, parking spaces, garbage collection, or anything else would be considered additional rent. If it’s considered rent, that means not paying it is grounds for eviction, which is a strong motivation to get it paid if you’re the tenant. If an eviction case is brought in court, it can result in a money judgment being entered against the tenant for the amount of rent owed, including added rent.

The Housing Stability and Tenant Protection act changed that. While it’s still permissible to charge other fees, they won’t be deemed “added rent,” no matter what it says in the lease. This means a tenant cannot be evicted for not paying a fee. You would have to sue the tenant in small claims court to get a money judgment to enforce, if you wanted to try to collect that money, but as long as the tenant comes through with the rent, this isn’t grounds for eviction.

If you want to understand what your rights are in your particular situation, feel free to contact us for a free consultation.