Landlord Didn't Collect Rent Increase for 19 Months

Rent-controlled tenant complained of a rent overcharge. He claimed that although landlord was given a rent increase effective July 1, 1993, under Tenant Protection Bulletin 110, landlord never billed tenant until Jan. 25, 1995. Landlord then billed tenant retroactively. The DRA ruled for tenant, finding that landlord had given up the right to collect any portion of the approved rent increase that landlord didn't collect before Feb. 1, 1995. Landlord appealed, claiming it needed the rent increase and that it shouldn't be penalized for its error. The DHCR ruled against landlord. Landlord didn't explain why it didn't collect the rent increase previously, and it was long-standing DHCR policy to bar retroactive collection of a rent increase after such a long period of time.

River Park Apts. Assocs.: DHCR Adm. Rev. Dckt. No. KI920087RO (2/10/98) [3-page document]