MCI Rent Hike Granted Despite Rent Reduction Order

The DRA set rent-controlled tenant's maximum collectible rent (MCR) at $127.94, effective May 1, 2007. Tenant appealed, claiming that the DRA incorrectly increased his rent by $25 per month based on two MCI rent hikes granted to landlord in 1990 and 2007. Tenant pointed out that there were two rent reduction orders issued for his apartment in 1976. The DHCR ruled against tenant. Rent control regulations Section 2202.4(c) permits rent increases for MCIs. Nothing in that provision or any other section of the rent control regulations bars an MCI rent hike to rent-controlled tenants when there is an outstanding rent reduction order based on a decrease in essential services.

Menschel: DHCR Adm. Rev. Docket No. WB520053RT (6/3/08) [2-pg. doc.]