Landlord Didn't Collect Temporary MCI Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord pointed out that the DRA calculated tenant's rent as if landlord had collected a temporary $25 increase for major capital improvements. Landlord, in fact, hadn't collected that increase. The DHCR ruled for landlord. Since landlord hadn't collected that rent increase, the DRA shouldn't have subtracted $25 from the legal rent at the end of the 12-month period during which landlord could have collected the temporary increase. There was no rent overcharge.

Ocean Realty Co.: DHCR Adm. Rev. Dckt. No. DH210209RO (3/1/96) [3-page document]