MCI Rent Hike Collectibility, Not Increase Itself, Limited to 6 Percent of Tenant's Rent

The DRA granted landlord's application for MCI rent hikes based on the installation of new boiler/burners. Rent-stabilized tenant appealed and lost. Tenant argued that the rent increase violated DHCR policy because it exceeded 6 percent of her rent. But the 6 percent limitation policy refers to the collectibility of the rent increase, not the amount of the rent increase itself. So, landlord's collection of the MCI rent increase, including both the temporary retroactive portion and the permanent rent increase, can't be more than 6 percent in any 12-month period of the amount of tenant's rent in effect at the time landlord applied for the MCI increase, and landlord submitted a listing of tenants' then-current rents.

Seckler: DHCR Adm. Rev. Docket No. GQ430028RT (5/25/18) [1-pg. doc.]