Landlord Waited Too Long to Collect MCI Rent Increase

August 31, 2001

LVT Number: 15275

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the DHCR didn't include in its calculation of tenant's base rent MCI increases that had been granted by the DHCR in a prior order. The court and appeals court ruled against landlord. Landlord didn't collect the MCI rent increases from tenant. So landlord waived the right to collect the increases and couldn't do so later.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the DHCR didn't include in its calculation of tenant's base rent MCI increases that had been granted by the DHCR in a prior order. The court and appeals court ruled against landlord. Landlord didn't collect the MCI rent increases from tenant. So landlord waived the right to collect the increases and couldn't do so later.

Apar Realty v. DHCR: NYLJ, 8/27/01, p. 26, col. 3 (App. Div.1 Dept.; Williams, JP, Lerner, Rubin, Saxe, Buckley, JJ)

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