Typographical Error Not Willful

March 1, 1998

LVT Number: 12176

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages after finding that the overcharge was willful. Landlord appealed, claiming that it had made a typographical error and that there was no willful overcharge. The DHCR ruled for landlord. In calculating a rent increase under Rent Guidelines Board Order No. 19, landlord misstated in the renewal lease offer the one- and two-year guidelines as 3.5 percent and 6 percent, rather than 3 percent and 6.5 percent. Tenant selected a one-year lease and so was overcharged by 0.5 percent.

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages after finding that the overcharge was willful. Landlord appealed, claiming that it had made a typographical error and that there was no willful overcharge. The DHCR ruled for landlord. In calculating a rent increase under Rent Guidelines Board Order No. 19, landlord misstated in the renewal lease offer the one- and two-year guidelines as 3.5 percent and 6 percent, rather than 3 percent and 6.5 percent. Tenant selected a one-year lease and so was overcharged by 0.5 percent. Notably, if tenant had selected a two-year lease, tenant would have been undercharged by the same percentage.

Clearwater Realty: DHCR Adm. Rev. Dckt. No. EL110142RO (11/7/97) [3-page document]

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