MCI Lease Clause Contained Typo

Landlord applied for MCI rent hikes based on the installation of windows, doors, entrance door tiles, elevator upgrade, garage roof and deck, and intercoms. The DRA ruled for landlord, and tenant appealed. Tenant's vacancy lease contained a notice that landlord's MCI application was pending. But there was a typo in one letter of the DHCR docket number listed in the lease. Landlord mistakenly typed a lower case ''l'' instead of an upper case ''L.'' So the docket number appeared instead to contain an ''I.'' Tenant argued that because of this error, he shouldn't be charged the MCI rent hike until his renewal lease started. The DHCR ruled for tenant. Because of landlord's typo, tenant didn't have sufficient notice of landlord's application, and couldn't be charged for the MCI rent hike during his vacancy lease term.

16-66 Bell Blvd.: DHCR Adm. Rev. Dckt. No. SH110088RT (4/27/05) [2-pg. doc.]