Landlord Not Credited with MCI Rent Increase

LVT Number: 15664

Rent-controlled tenant complained of a rent overcharge. He claimed that landlord billed and collected an MCI rent increase that didn't apply to tenant's apartment. The DRA ruled for tenant. Landlord appealed and won. A prior DHCR ruling stated that landlord could collect the MCI increase from tenant only after certain repairs were made. Landlord showed that the repairs were made and that it started billing tenant for the MCI increase only after they were completed. Landlord was entitled to the MCI increase and there was no overcharge.

Rent-controlled tenant complained of a rent overcharge. He claimed that landlord billed and collected an MCI rent increase that didn't apply to tenant's apartment. The DRA ruled for tenant. Landlord appealed and won. A prior DHCR ruling stated that landlord could collect the MCI increase from tenant only after certain repairs were made. Landlord showed that the repairs were made and that it started billing tenant for the MCI increase only after they were completed. Landlord was entitled to the MCI increase and there was no overcharge.

3505 Realty Corp.: DHCR Admin. Rev. Dckt. No. PK420010RO (1/9/02) [4-pg. doc.]

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