Tenant Didn't Join in Appeal of MCI Rent Increase

Tenant complained of a rent overcharge. He claimed that landlord collected the retroactive portion of an MCI increase from him while a PAR challenging the MCI increase was pending. Although the DHCR ultimately ruled that landlord was entitled to the MCI increase, the Rent Stabilization Code provided for a delay of collection of the retroactive portion of the increase while the PAR was pending. The DRA ruled for tenant and ordered landlord to refund interest at 9 percent for the period of early collection of the retroactive increase. Landlord appealed, pointing out that tenant didn't join other tenants in the PAR of the MCI increase. The DHCR ruled for landlord. Since tenant himself didn't appeal the MCI increase, he wasn't entitled to the benefit of any delay of collection of the retroactive portion of the increase.

Beach Haven Apts. #1, Inc.: DHCR Admin. Rev. Dckt. No. PH210003RK (11/2/01) [2-pg. doc.]