Landlord Mistakenly Underbilled

November 1, 1999

LVT Number: 13645

Rent-stabilized tenant got a letter from landlord stating that he had been underbilled for 29 months and now owed $4,000 in back rent. Tenant asked the DHCR if landlord could do this. In an opinion letter, the DHCR stated that it depended on the circumstances. If landlord entered the wrong rent amount on tenant's renewal lease by mistake, this amount became the legal rent. However, if landlord mistakenly billed tenant for less than the amount stated on tenant's lease, landlord wouldn't necessarily give up the right to collect the amount of rent stated in the lease.

Rent-stabilized tenant got a letter from landlord stating that he had been underbilled for 29 months and now owed $4,000 in back rent. Tenant asked the DHCR if landlord could do this. In an opinion letter, the DHCR stated that it depended on the circumstances. If landlord entered the wrong rent amount on tenant's renewal lease by mistake, this amount became the legal rent. However, if landlord mistakenly billed tenant for less than the amount stated on tenant's lease, landlord wouldn't necessarily give up the right to collect the amount of rent stated in the lease.

DHCR Opin. Ltr. by Charles Goldstein (6/15/99) [2-pg. doc.]

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