Landlord Must Sue if Tenant Won't Pay MCI Hike

Landlord applied for MCI rent hikes based on plumbing repiping. The DRA ruled for landlord, but exempted four apartments from the rent hike until landlord completed needed plumbing repairs. Landlord appealed, asking the DHCR to modify its order. Landlord claimed that one of the exempted tenants refused to pay the MCI hike even though landlord had done the repairs. Tenant claimed that the repair work wasn't completed. He acknowledged that he didn't provide access one time only, because of medical problems. But tenant later signed off on the repairs. The DHCR dismissed landlord's PAR without ruling on the merits. The DHCR found that the repairs were completed, but it had no authority to force tenant to pay the MCI hike. If tenant still refused to pay, landlord must sue tenant for nonpayment of rent.

532 Lefferts Ave.: DHCR Adm. Rev. Docket No. TH210057RO (9/29/06) [2-pg. doc.]