Landlord Can Continue Collecting MCI Increase Despite Rent Cut

June 30, 2001

LVT Number: 15074

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge because landlord sought to collect MCI rent increases. Tenant claimed that landlord couldn't collect the MCI increases because there was a DHCR rent reduction in effect for reduced services. The court ruled against tenant. Tenant appealed and lost. The DHCR rent reduction went into effect after the effective date of the MCI increases. So under the Rent Stabilization Code, landlord was entitled to collect the MCI increases.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge because landlord sought to collect MCI rent increases. Tenant claimed that landlord couldn't collect the MCI increases because there was a DHCR rent reduction in effect for reduced services. The court ruled against tenant. Tenant appealed and lost. The DHCR rent reduction went into effect after the effective date of the MCI increases. So under the Rent Stabilization Code, landlord was entitled to collect the MCI increases.

Kew Hills, LLC v. Victor: NYLJ, 6/20/01, p. 19, col. 3 (App. T.2 Dept.; Aronin, JP, Patterson, Rios, JJ)

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