Landlord Waived Right to Collect $15 Supplement

LVT Number: 17134

Landlord discovered that it didn't include a $15 low-rent increase supplement in tenant's renewal lease offer. Landlord asked the DHCR if it could add the rent supplement after discovering its mistake. In an opinion letter, the DHCR said no. Once tenant signed the renewal offer, it became a binding agreement. Landlord waived the right to collect the low-rent supplement. And landlord couldn't add this amount to the base rent when calculating tenant's next renewal increase.

Landlord discovered that it didn't include a $15 low-rent increase supplement in tenant's renewal lease offer. Landlord asked the DHCR if it could add the rent supplement after discovering its mistake. In an opinion letter, the DHCR said no. Once tenant signed the renewal offer, it became a binding agreement. Landlord waived the right to collect the low-rent supplement. And landlord couldn't add this amount to the base rent when calculating tenant's next renewal increase.

DHCR Opin. Ltr. by Charles Goldstein (6/30/03) [4-pg. doc.]

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