Overcharge Issue Not Determined in Lease Renewal Proceeding

LVT Number: #20915

Tenant complained that landlord failed to make a timely renewal lease offer. The DRA ruled for tenant. The effective date of the increased rent under the renewal lease offer made by landlord on May 21, 2007, should have been Sept. 1, 2007, which was the first rent payment date occurring no less than 90 days after the renewal offer. The DRA found that the rent increase effective under tenant's renewal lease therefore was effective on Sept. 1, 2007, not July 1, 2007. The DRA ordered landlord to refund the increased rent collected during July and August 2007.

Tenant complained that landlord failed to make a timely renewal lease offer. The DRA ruled for tenant. The effective date of the increased rent under the renewal lease offer made by landlord on May 21, 2007, should have been Sept. 1, 2007, which was the first rent payment date occurring no less than 90 days after the renewal offer. The DRA found that the rent increase effective under tenant's renewal lease therefore was effective on Sept. 1, 2007, not July 1, 2007. The DRA ordered landlord to refund the increased rent collected during July and August 2007. Landlord appealed, claiming that it was improper for the DHCR to rule on a rent overcharge issue in response to a lease renewal complaint. The DHCR ruled against landlord. It was appropriate and necessary for the DRA to establish the legal and collectible rent in order to resolve the issues raised in tenant's lease violation complaint. However, since this wasn't an overcharge complaint, no overcharge was awarded. Landlord simply was directed to refund excessive rent collected. If landlord failed to do so, tenants should file a rent overcharge complaint.

Rodriguez/EQR-Hudson Crossing A, LLC: DHCR Adm. Rev. Docket Nos. WF410012RT, WF410048RO (9/29/08) [4-pg. doc.]

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