No Renewal Increase Granted for Month-to-Month Tenant

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,439, including triple damages. Landlord appealed and lost. Landlord argued that it was entitled to a renewal increase not included in the DRA's calculations. But landlord didn't offer tenant a renewal lease and tenant remained a month-to-month tenant for five years. So landlord wasn't entitled to the renewal increase charged to tenant. And ignorance of the law was no excuse. The DRA properly found that the overcharge was willful.

Tudisco: DHCR Adm. Rev. Docket No. ZE210028RO (8/14/13) [2-pg. doc.]