MCI and Apartment Improvement Increases Disallowed

Rent-stabilized tenant in Westchester complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,630. Landlord appealed, claiming that the DRA improperly omitted an MCI rent hike and an individual apartment improvement increase from the calculation of tenant's rent. The DHCR ruled against landlord. Landlord claimed that she gave tenant oral notice of a pending MCI application when tenant moved in. But the Tenant Protection Regulations require this notice to be in writing. So landlord couldn't collect the approved MCI rent hike during tenant's initial lease term. The DRA also correctly disallowed apartment improvement costs totaling $4,600. There was no proof establishing when the claimed improvements were completed. If the work was done after tenant moved in, tenant's written consent was required for any rent increase.

White: DHCR Adm. Rev. Docket No. XD910014RO (7/22/09) [5-pg. doc.]