Renewal Lease Didn't Mention Pending MCI Application

LVT Number: 9413

Yonkers tenant complained of a rent overcharge, claiming he was asked to pay an MCI increase before his renewal lease had ended. The DRA ruled for tenant, finding that tenant's renewal lease didn't include a special rider advising him of the pending MCI application. Landlord appealed, arguing that tenant had been properly notified. The DHCR ruled for tenant. The renewal lease rider didn't notify tenant of the pending MCI application. So, landlord can't collect the increase until the start of a new renewal lease.

Yonkers tenant complained of a rent overcharge, claiming he was asked to pay an MCI increase before his renewal lease had ended. The DRA ruled for tenant, finding that tenant's renewal lease didn't include a special rider advising him of the pending MCI application. Landlord appealed, arguing that tenant had been properly notified. The DHCR ruled for tenant. The renewal lease rider didn't notify tenant of the pending MCI application. So, landlord can't collect the increase until the start of a new renewal lease.

O'Shea: DHCR Adm. Rev. Dckt. No. FA 810325-RO (12/5/94) [2-page document]

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