Landlord Didn't Waive MCI Rent Hike

LVT Number: 14619

(Decision submitted by Sherrie Taylor of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord applied for an MCI rent hike based on elevator upgrading. The DRA ruled for landlord. Tenants appealed, claiming that landlord had orally agreed to waive the MCI rent hike. The DHCR ruled for tenants and revoked the rent increases. Landlord appealed to the court, and the case was sent back to the DHCR for reconsideration. Landlord showed that it hadn't orally agreed to waive the MCI rent hike.

(Decision submitted by Sherrie Taylor of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord applied for an MCI rent hike based on elevator upgrading. The DRA ruled for landlord. Tenants appealed, claiming that landlord had orally agreed to waive the MCI rent hike. The DHCR ruled for tenants and revoked the rent increases. Landlord appealed to the court, and the case was sent back to the DHCR for reconsideration. Landlord showed that it hadn't orally agreed to waive the MCI rent hike. Landlord submitted, among other things, a tenants' association memo listing 17 items of agreement between landlord and tenants. No mention was made of waiving the MCI rent hike.

Abrams: DHCR Adm. Rev. Dckt. No. NI210001RP (10/23/00) [3-pg. doc.]

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