Landlord Can Collect Increase Under Renewal Lease

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that landlord couldn't collect a renewal increase for an incomplete renewal lease that landlord had submitted. Landlord appealed, claiming that it was an error to disallow the renewal increase. In March 1989, landlord and tenant entered into two-year renewal under a court agreement at $535 per month. In 1990, while tenant's complaint was pending, landlord discovered it had used an incorrect rent guideline in calculating the last increase and reduced tenant's rent to $522. Landlord and tenant signed a revised lease at the reduced rent that landlord had submitted. The DHCR ruled for landlord. Landlord could collect the guideline increase for the entire term of 1989 renewal at the corrected rate.

Rabinovich/Weichselsbaum: DHCR Adm. Rev. Dckt. Nos. EG220135RO, EG210207RT (9/12/97) [5-page document]