Landlord Improperly Filled Out New Increase Form

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a willful overcharge. Landlord appealed, claiming that the DRA erroneously subtracted the added rent for two parking spaces in its calculation of tenant's legal rent. The DHCR ruled for landlord, in part. Landlord had improperly filled out the rent increase application forms for the tenant's parking spaces. Landlord had listed the monthly increase in the column for the gross cost of the improvements. And landlord left blank the column in which he was supposed to list the monthly increase. So tenant couldn't have agreed to a new increase based on the information on this form. The DHCR revoked that part of the DRA's order that imposed triple damages, finding that the overcharge wasn't willful.

Mott: DHCR Adm. Rev. Dckt. No. HC710199RO (11/17/99) [8-pg. doc.]