Landlord Can't Collect MCI Increase Until Rent Restoration Order Issued

LVT Number: #29905

The DRA granted landlord's MCI rent increase application based on the installation of a new boiler/burner and chimney. Tenant appealed and lost. She argued that her rent had been reduced by the DHCR. But the DRA's order addressed this concern. Landlord was barred from collecting the MCI rent hike from tenant until a rent restoration order was issued. Then landlord could collect a prospective rent increase from tenant. Any retroactive MCI increase was forfeited for the period during which the rent reduction order was in effect.

The DRA granted landlord's MCI rent increase application based on the installation of a new boiler/burner and chimney. Tenant appealed and lost. She argued that her rent had been reduced by the DHCR. But the DRA's order addressed this concern. Landlord was barred from collecting the MCI rent hike from tenant until a rent restoration order was issued. Then landlord could collect a prospective rent increase from tenant. Any retroactive MCI increase was forfeited for the period during which the rent reduction order was in effect.

Nuredin: DHCR Adm. Rev. Docket No. GP130045RT (11/21/18) [2-pg. doc.]

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