Landlord Waited Until After Tenant's PAR Decided to Collect MCI Increase

Rent-stabilized tenant complained of rent overcharge, specifically in connection with landlord's collection of MCI rent hikes. The DRA ruled against tenant, who appealed and lost. Tenant had filed a PAR challenging MCI rent hikes granted and landlord had delayed collecting the MCI rent hikes until after the PAR was decided. The DRA properly found that landlord was entitled to collect the MCI rent hike after the PAR decision was issued. While Rent Stabilization Code Section 2529.12 states that the filing of a PAR stays only the collection of retroactive MCI rent hikes, not prospective MCI rent hikes while the PAR is pending, it was reasonable for the DRA to find that landlord hadn't waived its right to collect the MCI rent hikes based on its reasonable belief that collection of the prospective MCI rent hikes also had been stayed. 

Weingarten: DHCR Adm. Rev. Docket No. ET410089RT (6/7/17) [5-pg. doc.]