Landlord Can't Collect MCI Rent Hike from Former Super

August 31, 2010

LVT Number: #22882

Rent-stabilized tenant complained of a rent overcharge. He claimed that landlord incorrectly charged him an MCI rent hike for a two-room apartment, although his apartment contained only one room. The DRA ruled for tenant but went further, finding that tenant was exempt from the MCI rent hike because he had been the building super. Landlord appealed and lost. Tenant was the building super until January 2007, and had become a rent-stabilized tenant by the time the MCI order was issued in 2008.

Rent-stabilized tenant complained of a rent overcharge. He claimed that landlord incorrectly charged him an MCI rent hike for a two-room apartment, although his apartment contained only one room. The DRA ruled for tenant but went further, finding that tenant was exempt from the MCI rent hike because he had been the building super. Landlord appealed and lost. Tenant was the building super until January 2007, and had become a rent-stabilized tenant by the time the MCI order was issued in 2008. But since tenant wasn't notified of landlord's MCI application when it was filed, landlord couldn't collect any rent increase from him.

Sumagli Realty Company LLC: DHCR Adm. Rev. Docket No. YD410008RO (7/14/10) [2-pg. doc.]

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