Harassment Finding Against Two Tenants No Bar to Building- Wide Increase

LVT Number: 11223

Landlord applied for MCI rent increases based on a number of improvements. The DRA ruled for landlord, and tenants appealed, claiming that an appeals court had upheld a DHCR ruling that landlord had harassed tenants. On that basis, tenants claimed that the MCI increases should be revoked. The DHCR ruled for tenants, and landlord asked for reconsideration. The DHCR reconsidered the case and ruled for landlord in part. Rent control regulations provide that there will be no rent increases where landlord was found to have harassed tenants.

Landlord applied for MCI rent increases based on a number of improvements. The DRA ruled for landlord, and tenants appealed, claiming that an appeals court had upheld a DHCR ruling that landlord had harassed tenants. On that basis, tenants claimed that the MCI increases should be revoked. The DHCR ruled for tenants, and landlord asked for reconsideration. The DHCR reconsidered the case and ruled for landlord in part. Rent control regulations provide that there will be no rent increases where landlord was found to have harassed tenants. But since the harassment was directed at only two tenants, landlord could collect the MCI increases from all other tenants.

Glenn: DHCR Adm. Rev. Dckt. No. KH230011RK (10/4/96) [3-page document]

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