No Rent Increases Collected Since 1995

New landlord asked the DHCR if it could collect retroactive rent increases. Prior landlord died in 1995, and no rent increases were collected since that time. In an opinion letter, the DHCR said no. Generally, landlord is deemed to have waived lawful rent increases if not collected. And under the ETPA, landlords must file annual registration statements and submit a Property Maintenance and Operations Cost Survey Schedule before collecting any rent increases.

DHCR Opin. Ltr. by Charles Goldstein (8/6/03) [2-pg. doc.]