Landlord Gave Up Right to Collect Low Rent Supplement

April 30, 2000

LVT Number: 14108

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that, although landlord charged tenant a $20 low rent supplement, which applied under Rent Guideline Board Order Number 27 to rents of less than $400, landlord didn't include the supplement on his lease renewal offer and the lease was never amended. Also, landlord didn't start charging tenant this surcharge until 10 months after the renewal lease started. The DHCR ruled for tenant.

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that, although landlord charged tenant a $20 low rent supplement, which applied under Rent Guideline Board Order Number 27 to rents of less than $400, landlord didn't include the supplement on his lease renewal offer and the lease was never amended. Also, landlord didn't start charging tenant this surcharge until 10 months after the renewal lease started. The DHCR ruled for tenant. Landlord didn't include this surcharge in tenant's renewal lease and offered no explanation for why he started collecting it later.

Bliggen: DHCR Adm. Rev. Dckt. No. MA610125RT (3/3/00) [2-pg. doc.]

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