Earlier Effective Date Ordered

LVT Number: 8976

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA granted the rent hikes, and made them effective as of Sept. 19, 1988. This was the first rent payment date 30 days after the DHCR sent tenants copies of the application. Landlord appealed, asking the DHCR to change the effective date to May 1, 1988. Landlord claimed that the DHCR's delay caused the late effective date because it didn't send tenants copies of the application until six months after landlord filed it. The court ruled for landlord.

Landlord applied for MCI rent hikes based on the installation of new windows. The DRA granted the rent hikes, and made them effective as of Sept. 19, 1988. This was the first rent payment date 30 days after the DHCR sent tenants copies of the application. Landlord appealed, asking the DHCR to change the effective date to May 1, 1988. Landlord claimed that the DHCR's delay caused the late effective date because it didn't send tenants copies of the application until six months after landlord filed it. The court ruled for landlord. Normally, MCI increases go into effect the first rent payment date 30 days after the DHCR sends the tenants copies of the application. But, in this case, the DHCR delayed sending the copies for six months. So the increase will take effect as of May 1, 1988, which is 30 days after the DHCR should have sent the copies to the tenants.

2438 Morris Avenue: DHCR Adm. Rev. Dckt. No. EH 630118-RO (7/14/94) [3-page document]

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