DHCR Revokes Overcharge Finding Since Landlord Correctly Calculated MCI Rent Hikes

Rent-stabilized tenant complained of rent overcharge in 2016. She claimed that overcharges arose from landlord's incorrect calculation of several MCI rent hikes. The DRA ruled for tenant and found a total overcharge of $1,936, including interest. Since the overcharges were caused by miscalculations of MCI rent hikes, there was no willful overcharge and no triple damages.

Landlord appealed and won. Landlord argued that there was no miscalculation of MCI rent hikes charged to tenant. The DHCR agreed. Starting in 2014, landlord correctly added rent increases to tenant's rent that reflected the annual cap applied to the MCI rent hikes in questions. There was no rent overcharge.

GC 1700 LLC: DHCR Adm. Rev. Docket No. IS610023RK (1/26/22)[10-pg. document]