Legal to charge monthly fee for Satellite dish?

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LimeiBook86

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So I live in Piscataway, NJ and I'm renting an apartment. In our lease there was an attachment about satellite dishes. It stated that any satellite dish used would mean they would charge us a $25 a month fee. We signed the lease so I know there's no way out of paying the fee if I were to have a dish. But I'm wondering if charging this fee is illegal?

The only choice for TV here is Cablevision, all of the cable outlets are pre-installed and there is no extra monthly fee for using the outlets.

I read over this FCC law and it relates to this issue: http://www.fcc.gov/guides/over-air-reception-devices-rule

So I'm wondering if it's legal for my apartment complex to charge a $25 fee for me using my own satellite dish. It doesn't seem like much but $25 added to the $60-70 I would pay for a satellite package is not fun.

When I asked about this before I moved the lady mentioned that the reason why there is a fee is so that 'everyone doesn't get one, it would look ugly if everyone had them'. Which seems like a pretty lame reason. The apartment down the sidewalk has one and it's on a pole in front of their window planted into the dirt. Doesn't look ugly to me at all.

I've already emailed the FCC to see if their law affects this.

Any advice would be great. Thanks!
-Steve
 
The issue of legality has been made moot by your agreement to the PAY THE FEE in the lease you signed.
The time to protest the fee was BEFORE you signed the lease.
 
I'm sorry there's a correction. This was not a part of our lease or attached to our lease. I was mistaken. I went to look at our apartment papers. It was actually a different form that we were required to sign before we moved in. The Satellite Dish info was just one bullet listed among other items. Here are the other terms / items on that same form as well (just for context):

- Satellite Dish (any network) an additional $25 a month Fee will be charged to your account, or you can use Cablevision at no additional charge other than your monthly bill.

- Renters Insurance required minimum personal liability $100,000 we offer Erenters
(See Brochure) or you are more than welcome to go through your own provider a declaration page is required on day of move in.

- PSE & G Form required must have confirmation number upon move in.

- ISTA-Ratio Utility Billing System was explained and brochure was provided.

- Rent is due on the 1st of each month no later than the 5th.

- Duplicate keys can be made from original given upon move-in but must be returned at time of move out.
 
The point being, you signed the agreement including the additional terms.

You agreed to those terms.
 
I was just wondering. For example, if it is indeed illegal for a fee to be charged per the FCC's rules, then even if I sign an agreement that I agree to pay a fee, that shouldn't make the charging of the fee legal.

Just my thoughts. Thanks :)
 
I think you may have a point...... but I am just a person without legal know how... I just like to read and research a little.

Q: What is an unreasonable expense?

A: Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.

Do they charge for air conditioning units? Trash Receptacles? I would print these rule out and provide them to the property manager.

Then you also must read this FCC rule as well..

Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.
 
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The FCC is not even in the equation here. I would be surprised if they even gave you a response.
You have a civil disagreement with the landlord over the fee, that is all.
The landlord is free to set the conditions of living in the apartment and you are free to accept or reject them when you sign the lease.
Personally, I agree with the landlord that the place would likely be quite hideous if every apartment had a dish installed. I have seen plenty of large apartment complexes with exactly that situation and it is quite an eyesore.
The landlord is not stopping you from using your dish.The landlord is charging a fee to install equipment on the landlord's property- not a whole lot different than charging a storage or parking fee.
 
The intent of the fee is likely to discourage you from making unsightly alterations to the landscape. It evens the cost of cable.
 
Yeap, I think we're reading it differently from you though.

I'm in agreement with disagreeable and Moose.

:)


But even if that wasn't the case, I strongly doubt that any court would consider $25 to be unreasonable...in these circumstances.
 
mightymoose said:
The FCC is not even in the equation here. I would be surprised if they even gave you a response.
You have a civil disagreement with the landlord over the fee, that is all.
The landlord is free to set the conditions of living in the apartment and you are free to accept or reject them when you sign the lease.
Personally, I agree with the landlord that the place would likely be quite hideous if every apartment had a dish installed. I have seen plenty of large apartment complexes with exactly that situation and it is quite an eyesore.
The landlord is not stopping you from using your dish.The landlord is charging a fee to install equipment on the landlord's property- not a whole lot different than charging a storage or parking fee.
Click to expand...

The FCC has guide lines in place to prevent landlords from not allowing a person to put up a dish. If the landlord or the renter even a home owner in a HOA didn't know about FCC requirements then the signed contract can be tossed out. As stated in FCC guidelines painting costs could be unreasonable. I am going to send out a email to FCC, just to see if they will answer.
 
The OP can get around this by mounting the dish out of view. In many complexes the tenants mount the dish in a balcony area that obstructs view, but that only works if the home faces the right direction.
For the property owner it has to do with alterations to the property. Installers typically won't even mount dishes without the property owner signing off.
I don't believe the $25 fee is unreasonable. The landlord has a legitimate interest in property rights.
To go a step further- I don't believe the FCC even has authority to enforce such a mandate. This is a matter that would have to be addressed in state statute. The FCC mandate is an example of federal overreach.
 
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