Landlord Didn't Waive MCI Increase

Rent-stabilized tenant complained of a rent overcharge. She claimed that landlord improperly collected an MCI rent hike after failing to charge her for it in timely fashion. The DRA ruled against tenant, finding no overcharge and no waiver of the MCI rent hike. Tenant appealed and lost. The DHCR granted landlord's MCI rent increase application effective April 1, 2007. Landlord started billing tenant for the increase on July 1, 2007. MCI rent increases are not deemed permanently waived if they are collected either within 120 days after granted or under the first renewal lease entered into after the initial collection date. Landlord clearly started billing tenant within 120 days and before her next renewal lease started on Sept. 1, 2007.

3436 Corsa Avenue: DHCR Adm. Rev. Docket No. WG610032RT (4/13/09) [3-pg. doc.]