Landlord Waived Right to Collect 2014 MCR Increase

Rent-controlled tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord argued that it submitted MBTs for 2014 and 2015 on Jan. 20, 2015, and that it sent RN-26s notices to tenant for those years on Jan. 28, 2015. Therefore, landlord claimed, it should be able to collect both the 2014 and 2015 maximum collectible rent (MCR) increases prospectively from Jan. 28, 2015. The DHCR disagreed. The 2014 MCR wasn’t collectible based on untimely service by landlord to tenant of the 2014 RN-26 notice. 

507 West 179 Realty, LLC: DHCR Adm. Rev. Docket No. DR420044RO (5/17/16) [10-pg. doc.]