Landlord Charged MCI Rent Increase Within Three Months of Order

Tenant complained of a rent overcharge. He claimed that landlord sought to collect an MCI rent increase, even though landlord offered tenant a renewal lease without incorporating the MCI increase into it. The DRA ruled against tenant, and tenant appealed. Tenant claimed that landlord waived the right to collect the rent increase by not starting to charge it within a reasonable time, even though the renewal lease offer had been made after the DRA issued its order approving the MCI increase. The DHCR ruled against tenant. The MCI order was issued on June 11, 1999, granting the increase effective June 1, 1999, and collectible on July 1, 1999. Landlord didn't charge tenant this increase until he amended tenant's renewal lease to include the increase, beginning Oct. 1, 1999, the start of the renewal term. There is no waiver if landlord collects an MCI rent increase within a reasonable amount of time. The three-month delay in this case didn't constitute a waiver.

Price: DHCR Admin. Rev. Dckt. No. OE410128RT (11/9/01) [2-pg. doc.]