Landlord Billed Tenant for MCI Rent Hike in Timely Manner

Tenant complained of a rent overcharge based on landlord's collection of MCI rent hike. The DRA ruled against tenant. The DRA found that landlord commenced collection of the MCI rent hike in a timely manner, including the retroactive portion of the increase. Tenant appealed. The DHCR ruled for tenant in part. Landlord couldn't collect the retroactive MCI increase, because landlord's MCI application was pending when tenant moved in and her lease didn't indicate this. Landlord then asked the DHCR to reconsider due to an error. The DHCR ruled for landlord in part. Tenant signed a lease rider when she moved in acknowledging the existence of the pending MCI proceeding. And landlord advised tenant of the MCI rent hike shortly after the DRA approved it. But landlord couldn't collect the entire retroactive and prospective portions of the MCI increase immediately because the law limited the net resulting rent increase to 6 percent each year.

Rubin: DHCR Adm. Rev.Docket No. UH310003RK (4/3/07) [2-pg. doc.]