Landlord Gave Up Right to Collect

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming, among other things, that landlord had given up the right to collect the MCI rent increase. The DHCR ruled for tenant. Landlord admitted that it delayed collecting the MCI increase because of prior tenant's opposition to the increase. DHCR policy provides that if any amount billable within 120 days after issuance of the MCI order isn't billed, it's deemed given up for the rest of the lease term. And landlord would permanently give up the increase if it didn't include the MCI increase in the first renewal lease after the MCI order.

Marquez: DHCR Adm. Rev. Dckt. No. LC610073RT (6/25/97) [3-page document]