Landlord Miscalculated MCI Rent Hike

Tenant complained of a rent overcharge. Landlord had been granted a rent increase of $5.31 per-room-per-month under a DHCR order approving rent increases for MCIs. Tenant claimed that landlord was charging him an increase based on five rooms when his apartment only had four. The DRA ruled for tenant and landlord appealed. Landlord claimed that it based the room count on a condominium offering plan for the building. The DHCR ruled against landlord. Landlord had registered tenant's apartment with the DHCR as having four rooms. This was the room count to be used for calculating MCI rent hikes. And since landlord either knew this or should have known this, the overcharge was willful.

Pleasantville Hills Associates: DHCR Adm. Rev. Dckt. No. FA 810330 RO (1/20/95) [3-page document]