Landlord Didn't Waive Right to Charge Higher Rent

July 31, 2001

LVT Number: 15198

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that a prior court order had reduced her rent and the DRA ignored this. The DHCR ruled against tenant. The court order reduced tenant's rent only temporarily while tenant's rent overcharge complaint was pending with the DHCR. This wasn't a permanent rent reduction, and landlord didn't waive his right to charge the higher, legal rent.

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that a prior court order had reduced her rent and the DRA ignored this. The DHCR ruled against tenant. The court order reduced tenant's rent only temporarily while tenant's rent overcharge complaint was pending with the DHCR. This wasn't a permanent rent reduction, and landlord didn't waive his right to charge the higher, legal rent.

Kizner/Frank: DHCR Adm. Rev. Dckt. Nos. OG410020RO and OG410065RT (5/29/01) [3-pg. doc.]

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