Landlord Can Correct Mistake Made by Prior Landlord

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained that landlord didn't offer him a valid renewal lease. The DRA ruled against tenant, and tenant appealed. The DHCR again ruled against tenant. Prior landlord had mistakenly offered tenant a renewal lease based on a reduced rent then in effect under a DHCR order finding a reduction in services. Current landlord noticed the error and offered tenant an amended renewal lease containing the correct rent amount. Tenant refused to sign the amended renewal lease. The DRA properly permitted new landlord to correct the mistake. There was no harm to tenant by doing this since landlord couldn't collect the higher rent until DHCR issued a rent restoration order.

Pollack: DHCR Adm. Rev. Dckt. No. EK110407RT (3/20/98) [2-page document]