Landlord Didn't Collect Rent Hike from Prior Tenant

Tenant complained of a rent overcharge. Tenant objected to a 1/40th rent increase of $100 per month that landlord charged tenant. Landlord claimed that prior tenant had signed a written agreement to increase the rent based on 1/40th improvements. But prior tenant was tenant's mother, and tenant disputed whether prior tenant had signed an agreement. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won. Landlord never charged prior tenant the 1/40th rent increase. So landlord waived the right to collect the increase from any future tenant.

380 South 3rd Street: DHCR Adm. Rev. Docket No. WL210032RT (4/20/09) [3-pg. doc.]