Guidelines Increase Permitted During Time Tenant Not Given Lease

LVT Number: 15665

Tenant complained of a rent overcharge. Landlord charged tenant renewal guidelines increases between 1996 and 2000 even though tenant's lease wasn't renewed. The DRA ruled for tenant. Landlord appealed, claiming that the rent increases were proper, since landlord had filed annual apartment registrations. The DHCR ruled against landlord. Landlord can't collect renewal increases from tenant if it didn't renew tenant's rent-stabilized lease.

Tenant complained of a rent overcharge. Landlord charged tenant renewal guidelines increases between 1996 and 2000 even though tenant's lease wasn't renewed. The DRA ruled for tenant. Landlord appealed, claiming that the rent increases were proper, since landlord had filed annual apartment registrations. The DHCR ruled against landlord. Landlord can't collect renewal increases from tenant if it didn't renew tenant's rent-stabilized lease.

Driscoll: DHCR Admin. Rev. Dckt. No. OH210056RO (1/4/02) [2-pg. doc.]

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