Landlord Waived Right to Collect MCI Rent Increase

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, pointing out that the DRA had allowed landlord to collect an MCI rent increase. But landlord hadn't collected it for six years. The DHCR ruled for tenant. In 1991, the DRA granted landlord an MCI rent increase. But landlord didn't add it to tenant's rent until he renewed tenant's lease in 1997. Landlord waived his right to collect the MCI rent increase by not collecting it for such a long period of time.

Rumaldo: DHCR Adm. Rev. Dckt. No. LH110089RT (2/8/01) [2-pg. doc.]