Landlord Waived Renewal Increase

Nassau County rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord failed to send tenant's renewal lease to tenant by certified mail. So landlord waived the right to collect a renewal increase. The DRA ordered landlord to refund $10,600, including interest and triple damages for overcharges collected not more than two years before tenant's complaint was filed. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord and revoked the triple damages. Although landlord didn't properly send the renewal lease, it charged only the legal renewal increase.

65 Lincoln Boulevard: DHCR Adm. Rev. Docket No. WL710029RO (4/1/09) [4-pg. doc.]