New Tenant Must Pay Rent Increase for MCI

September 19, 2013

LVT Number: #25033

The DRA granted landlord's application for MCI rent hikes based on elevator upgrading. One tenant appealed. He claimed that he shouldn't have to pay the increase because his initial lease contained no provision notifying him that an MCI rent increase was pending. The DHCR ruled against tenant. Tenant's lease began on July 15, 2007. But landlord didn't file its MCI rent increase application until April 9, 2008. Tenant received the same DHCR notification of the MCI application that all building tenants received.

The DRA granted landlord's application for MCI rent hikes based on elevator upgrading. One tenant appealed. He claimed that he shouldn't have to pay the increase because his initial lease contained no provision notifying him that an MCI rent increase was pending. The DHCR ruled against tenant. Tenant's lease began on July 15, 2007. But landlord didn't file its MCI rent increase application until April 9, 2008. Tenant received the same DHCR notification of the MCI application that all building tenants received. Since the application wasn't pending at the time tenant moved in, no other separate notice was required in tenant's lease. Tenant's lease did contain a general provision that his rent could be increased by a DHCR order.

102-45 62nd Road: DHCR Adm. Rev. Docket No. WH110016RT (7/29/13) [2-pg. doc.]

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