Landlord Accepted Reduced Rent from Tenant

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord accepted a reduced rent from her when she moved into the apartment. The DHCR ruled for tenant. Landlord charged tenant less than her lease rent when she moved in. So landlord could charge renewal increases only over the rent actually collected, not the higher legal rent.

Melendez: DHCR Admin. Rev. Dckt. No. QA110036RT (5/22/02) [6-pg. doc.]