Landlord Didn't Waive Right to Collect Retroactive MCI Rent Hike

LVT Number: #30179

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,058, including interest. Landlord appealed and won, in part. The overcharge was based on findings of improper application of MCI rent hikes granted previously by the DHCR. But the DRA's calculations were at least partly incorrect. The DHCR found that the landlord's delay in collecting the retroactive portion of the MCI increase didn't amount to a waiver of collection. And landlord shouldn't be penalized where tenant paid MCI arrears in one lump-sum payment.

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Loring Place Realty, LLC: DHCR Adm. Rev. Docket No. GS610014RO (4/3/19) [4-pg. doc.]