Landlord Waived Right to Collect Improvements Rent Hike

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA didn't add a rent increase for apartment improvements to its calculation of the legal rent. The DHCR ruled against landlord. Landlord made apartment improvements while prior tenant lived in the apartment. Prior tenant consented to a rent increase for the improvements, but landlord never collected it. By the time tenant moved in the improvements were no longer new and landlord had waived his right to collect the 1/40th rent increase.

Hunte/Senauth: DHCR Adm. Rev. Dckt. Nos. JL210072RT and JL210192RO (9/22/00) [3-pg. doc.]