Landlord Waived 2 Percent Rent Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18. Tenant appealed, claiming that landlord had collected a rent increase without giving her a renewal lease. The DHCR ruled for tenant, but for a different reason. There was no proof that landlord collected a rent increase without giving tenant a renewal lease. But during the one-year term of one of tenant's renewal leases, landlord didn't collect the 2 percent rent increase for a number of months. So landlord waived the right to collect this rent increase. The total overcharge was $28.

Cano: DHCR Adm. Rev. Dckt. No. SK110038RT (1/25/05) [5-pg. doc.]