Landlord Didn't Waive Right to Charge Higher Rent

Tenant filed a fair market rent appeal. The DRA ruled for tenant, reduced his initial rent, and ordered a refund. The DRA also limited tenant's renewal rent to $1,825, which was less than the legal rent, because landlord waived charging the higher legal rent. Landlord appealed. Landlord had reduced tenant's rent pending determination of the fair market rent appeal. Landlord had reduced tenant's renewal lease rent more than required by the DRA in its ruling. When landlord renewed tenant's lease, it specifically stated that the amount of rent charged was subject to final determination by the DHCR. So landlord didn't waive the right to charge a higher legal rent, and was entitled to do so.

Prisma Realty LLC: DHCR Adm. Rev. Dckt. No. SJ410035RO (11/22/04) [3-pg. doc.]