Landlord Can't Collect Retroactive Increase While PAR Is Pending

Tenant complained of a rent overcharge, claiming that landlord improperly collected a retroactive MCI rent increase while tenant's PAR of the MCI decision was pending. The DRA ruled against tenant. Tenant appealed and won. The collection of an MCI rent increase is automatically delayed while a tenant's PAR appealing the decision is pending. Since landlord collected the retroactive MCI rent increase during this time, there was a willful rent overcharge.

Stellings: DHCR Adm. Rev. Dckt. No. LD410178RT (5/18/00) [3-pg. doc.]