No Clause in Tenant's Vacancy Lease

Tenant complained of a rent overcharge. She claimed that she didn't have to pay an MCI hike because there was no notice of landlord's pending MCI application in any of her leases. The DRA ruled against tenant, and tenant appealed. The DHCR ruled for tenant in part. Tenant's vacancy lease contained no clause advising her of the pending MCI application. But tenant's renewal leases contained standard language stating that the rent could be increased or decreased by order of the DHCR. So landlord couldn't collect the MCI hike during the term of tenant's vacancy lease but was entitled to collect it under tenant's renewal leases.

Jhung: DHCR Admin. Rev. Dckt. No. QA210073RT (5/14/02) [2-pg. doc.]