Landlord Mistakenly Offered Renewal, Not Vacancy, Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord mistakenly gave tenant a renewal lease when she moved in at a 7.5 percent rent increase over prior rent. Landlord also accepted rent from tenant at this rate for a while before discovering his error. Landlord then started charging tenant a 20 percent rent increase over prior rent. But once landlord had signed and returned the renewal lease to tenant at the 7.5 percent increase, there was a binding lease agreement. Landlord couldn't start charging tenant a higher rent.

Jhagru: DHCR Adm. Rev. Dckt. No. TK210017RO (1/23/06) [4-pg. doc.]