Landlord Didn't Waive MCI Increase

May 31, 2000

LVT Number: 14181

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a total overcharge of $225. Both landlord and tenant appealed. Landlord claimed there was no overcharge. The amount in question was a legal MCI rent increase that landlord had collected. The DRA had found that landlord waived the increase because it hadn't started collecting it until 1999. The DHCR ruled for landlord. Tenant had stated that landlord started collecting the MCI increase in 1998. So landlord hadn't waived the MCI rent increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a total overcharge of $225. Both landlord and tenant appealed. Landlord claimed there was no overcharge. The amount in question was a legal MCI rent increase that landlord had collected. The DRA had found that landlord waived the increase because it hadn't started collecting it until 1999. The DHCR ruled for landlord. Tenant had stated that landlord started collecting the MCI increase in 1998. So landlord hadn't waived the MCI rent increase. Tenant's PAR was dismissed because tenant's further claim of overcharge wasn't made within the four-year time limit.

24 E. 81st St. Realty Corp./Giardina: DHCR Adm. Rev. Dckt. Nos. OA410074RO and OB410032RT (4/11/00) [3-pg. doc.]

Downloads

OA410074RO.pdf244.27 KB

Topics

More like this