Landlord Claims Tenant Was Mistakenly Charged Lower Rent

May 31, 2002

LVT Number: 15883

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,860 to tenant. The DRA found that landlord charged tenant more than the legal Rent Guidelines increase when tenant's lease was renewed. Landlord appealed, claiming that he mistakenly charged tenant $500 per month, instead of $600, under her vacancy lease because of a clerical error. So tenant's renewal lease increase was based on the correct $600 figure. The DHCR ruled against landlord. The legal regulated rent can't be more than the amount charged and paid.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,860 to tenant. The DRA found that landlord charged tenant more than the legal Rent Guidelines increase when tenant's lease was renewed. Landlord appealed, claiming that he mistakenly charged tenant $500 per month, instead of $600, under her vacancy lease because of a clerical error. So tenant's renewal lease increase was based on the correct $600 figure. The DHCR ruled against landlord. The legal regulated rent can't be more than the amount charged and paid.

Rexh Xhakli/Genc Realty LLC: DHCR Admin. Rev. Dckt. No. PK610019RO (4/12/02) [3-pg. doc.]

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