DRA Didn't Include MCI Increase

LVT Number: 10352

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA had disallowed an MCI increase, which landlord pointed out had been approved by the DHCR prior to the effective date of tenant's lease. The DHCR ruled for landlord. The order approving the MCI increase was issued prior to the start of tenant's vacancy lease. So landlord could collect the permanent MCI rent increase, even though tenant's vacancy lease didn't contain a specific provision or rider mentioning the MCI order.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA had disallowed an MCI increase, which landlord pointed out had been approved by the DHCR prior to the effective date of tenant's lease. The DHCR ruled for landlord. The order approving the MCI increase was issued prior to the start of tenant's vacancy lease. So landlord could collect the permanent MCI rent increase, even though tenant's vacancy lease didn't contain a specific provision or rider mentioning the MCI order.

M.G.A. Realty Corp.: DHCR Adm. Rev. Dckt. No. DA 210130 RO (9/1/95) [5-page document]

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