Landlord Used Wrong Form

Rent-stabilized tenant complained that landlord didn't offer a proper renewal lease. Tenant claimed that landlord didn't use the proper form (RTP-8) and that landlord used the wrong rent guidelines increase. The renewal lease offered tenant a 10 percent increase, applicable to leases starting between Oct. 1, 1985, and Sept. 30, 1986, instead of the 3 percent increase applicable to leases commencing between Oct. 1, 1984, and Sept. 30, 1985. Tenant's prior lease expired on Sept. 30, 1984. The DRA ruled for tenant, and ordered landlord to refund $8,000 in willful rent overcharges resulting from the use of the wrong rent guidelines. Landlord appealed, arguing that the use of the wrong renewal form was a minor error and that tenant hadn't filed a rent overcharge complaint. The DHCR ruled against landlord. The failure to offer a renewal on the proper form isn't a minor error. The Tenant Protection Regulations specify that a proper lease renewal notice must be used and put landlords on notice that it's their responsibility to get and use the right form. In addition, landlord was put on notice that the calculation of tenant's rent was in dispute both by the language of tenant's complaint, which challenged the guidelines rate applied in the renewal offer, and by a prior DRA order directing landlord to offer a proper renewal lease and warning landlord that the failure to do so might result in further penalties.

Central Mgmt. Co.: DHCR Adm. Rev. Dckt. No. DG910343RO (2/11/98) [9-page document]