Effect of Harassment Order on Increase

Landlord asked the DHCR if it could collect an MCI increase while there was a harassment order in effect for certain tenants in the building. In an opinion letter, the DHCR said a harassment order bars the granting of MCI increases in buildings that are 100 percent rent controlled, whether the harassment finding was for the whole building or only some individual tenants. And a harassment order bars the granting of MCI increases for buildings with rent-stabilized tenants, but only if the harassment finding was for the whole building. But if the harassment affects only some rent-stabilized tenants, the MCI application may be granted. Still, the tenants who got the harassment order don't have to pay any MCI increase until and unless the harassment order is lifted. Then they will have to pay prospectively.

DHCR Opin. Ltr. by Charles Goldstein (2/29/00) [2-pg. doc.]