Landlord Mistakenly Undercharged Tenant

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord pointed out that tenant refused to pay her initial legal rent of $300.18, which included an MCI increase of $10.18. Tenant instead improperly paid $290. The DHCR ruled against landlord. Under DHCR's long-standing policy, landlord is deemed to have waived the difference between the lower rent charged and the maximum possible lawful rent, even if the lower rent was charged by mistake.

Corrie Holding Corp.: DHCR Adm. Rev. Dckt. No. DC410258RO (7/28/95 ) [3-page document]