MCI Increases Not Waived

September 30, 2001

LVT Number: 15344

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant appealed, claiming that the rent owed should not include MCI rent increases waived by a prior settlement agreement. The appeals court ruled against tenant. In a prior nonpayment case, landlord waived all back rent due through June 30, 1996. This waiver didn't include MCI rent increases later granted by the DHCR that did not become collectible until after June 30, 1996.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant appealed, claiming that the rent owed should not include MCI rent increases waived by a prior settlement agreement. The appeals court ruled against tenant. In a prior nonpayment case, landlord waived all back rent due through June 30, 1996. This waiver didn't include MCI rent increases later granted by the DHCR that did not become collectible until after June 30, 1996.

Jobman 478/480 LP v. Bell: NYLJ, 9/24/01, p. 19, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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