Tenant Waited Too Long to Complain About Windows

Tenant complained of a rent overcharge. Tenant claimed that landlord collected MCI rent increases for defective windows. The DRA had issued a prior order granting landlord an MCI increase for the windows but barring collection of the increase until landlord repaired the windows in tenant's apartment. The DRA ruled for tenant, and landlord appealed. Landlord showed that it had repaired the windows within six months of the MCI order's being issued and that tenant had signed off on the repairs. The DHCR ruled for landlord and reinstated the MCI rent increase. Tenant waited two years to complain about an overcharge based on the MCI increase and had already agreed that the repairs were done.

Pickman Realty Corp.: DHCR Adm. Rev. Dckt. No. PC120022RO (5/2/01) [5-pg. doc.]