Lease Didn't Specify MCI Increase

July 31, 1993

LVT Number: 8117

A New Rochelle tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA didn't give him credit for an MCI increase that became effective in 1984, after tenant had signed a renewal lease. The DHCR noted that outside New York City, vacancy and renewal leases must state if an MCI application is pending or that specific work is in progress. Otherwise, no MCI increase can be collected during that lease term.

A New Rochelle tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA didn't give him credit for an MCI increase that became effective in 1984, after tenant had signed a renewal lease. The DHCR noted that outside New York City, vacancy and renewal leases must state if an MCI application is pending or that specific work is in progress. Otherwise, no MCI increase can be collected during that lease term. Tenant's renewal lease, in effect from November 1, 1983 through October 31, 1985, didn't have this clause, so landlord couldn't collect the increase under that lease.

68 Cooper Drive, Apt. 2A: DHCR Adm. Rev. Dckt. No. BC 810132-RO (6/23/93) [2-page document]

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