Amended Renewal Lease Not Sent on Time

Tenant complained of a rent overcharge. Tenant claimed that landlord's proposed renewal lease misstated the legal rent. In response, landlord stated that it sent tenant an amended renewal lease. The amended lease was mailed to tenant on Sept. 30, 2004. The DRA ruled for tenant and found that landlord overcharged tenant by $465. Landlord appealed. The overcharge finding was based on landlord's collection of legal rent increases for the renewal lease period. The DHCR ruled for landlord in part. Landlord could begin collecting the legal renewal increase on the first rent payment date 90 days after the amended lease was offered. So tenant's renewal increase became effective on Jan. 1, 2005, and the total overcharge was only $130.

Mott/ATM Two LLC: DHCR Adm. Rev. Dckt. No. TE710040RO (2/9/06) [4-pg. doc.]