Landlord Didn't Send Required Notice to New Tenants

Tenants complained of a rent overcharge. Landlord claimed the rent was correct, and that he'd calculated tenants' vacancy lease rent based on the monthly rental of a comparable apartment. The DRA determined the maximum legal rent for the apartment, and found that tenants had been overcharged since moving into the apartment. Landlord appealed, arguing that the lease gave tenants sufficient notice of the proper rent, and that he'd verbally explained the rent history to them. Tenants claimed that, when signing their first lease, landlord didn't tell them how their rent was calculated. The DHCR ruled for tenants. When they sign their first lease, tenants must get a written notice of the monthly rent, the prior legal regulated rent, and any increases in the prior legal rent. Since the lease itself didn't contain a proper notice clause, nor was a notice rider attached to it, the apartment rent is frozen at the prior rent level until one month after landlord provides tenant with the required details in writing.

Regency Village Management: DHCR Adm. Rev. Dckt. No. GH 820142-RO (5/2/94) [7-page document]