No Rent Overcharge After Effective Date of MCI Rent Hike Restored to Prior Date

(Decision submitted by Eileen O’Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Rent-stabilized tenant complained of rent overcharge. She claimed that landlord collected excessive rent due to an MCI rent hike after a separate DHCR PAR order changed the effective date of the MCI increase from July 1, 2005, to Jan. 1, 2015. Landlord appealed and won. Landlord pointed out that it had filed an Article 78 appeal of the DHCR’s MCI decision and that the case had been sent back to the DHCR. In the rent overcharge case, the RA had ruled for tenant without checking that the DHCR had issued a new decision restoring the July 1, 2005, effective date for the MCI rent increase. So there was no overcharge.

Sid-Jon Properties Assoc. LLC: DHCR Adm. Rev. Docket No. EQ610048RO (12/1/16) [2-pg. doc.]