Landlord Claims Secretary Made Unintentional Mistake

Tenant complained of a rent overcharge. The DRA ruled that tenant had been overcharged about $7,500, and landlord appealed. Landlord admitted that tenant had been overcharged, but claimed that the overcharge should be excused because his secretary had unintentionally miscalculated the rent. The DHCR ruled for tenant. Landlord is responsible for errors made by its employee regardless of whether or not they are intentional.

Adar Management Inc.: DHCR Adm. Rev. Dckt. Nos. EE 210351-RO, EE 210472-RO (12/23/94) [3-page document]