Landlord Waived Right to Collect MCI Increase

LVT Number: 16893

Tenant complained of a rent overcharge. The DRA ruled against tenant but noted that landlord shouldn't collect an MCI rent increase granted by the DRA until expiration of tenant's current lease. Landlord appealed and lost. Landlord wrote into tenant's MCI lease rider that ''any increase will not be effected during the term of the lease.'' So by the terms of the lease, no MCI increase could be collected until tenant's lease was renewed.

Tenant complained of a rent overcharge. The DRA ruled against tenant but noted that landlord shouldn't collect an MCI rent increase granted by the DRA until expiration of tenant's current lease. Landlord appealed and lost. Landlord wrote into tenant's MCI lease rider that ''any increase will not be effected during the term of the lease.'' So by the terms of the lease, no MCI increase could be collected until tenant's lease was renewed.

160 Front St., LLC: DHCR Adm. Rev. Dckt. No. RF410072RO (9/11/03) [2-pg. doc.]

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