Landlord Waived Low-Rent Surcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA miscalculated tenant's lawful rent by not including a low-rent surcharge. The DHCR ruled against landlord. Landlord had added the low-rent surcharge to tenant's rent two years after it was collectible. Under DHCR policy, landlord's failure to collect the surcharge within a reasonable time after it became due resulted in a waiver of any resulting rent increase.

Penfield Properties: DHCR Adm. Rev. Dckt. No. EG610136RO (2/19/98) [2-page document]