Prior Landlord Gave Up Right to Collect Increase

June 30, 1995

LVT Number: 9815

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was paying the base rent under his lease. Landlord claimed that tenant owed an additional $90 per month for an MCI rent increase. Some time earlier, tenant had filed a PAR protesting the MCI rent increase with the DHCR. At that time, prior landlord hadn't collected the MCI rent increase from tenant. Prior landlord was barred from collecting any retroactive MCI increase while tenant's PAR was pending, but was entitled to collect the increase prospectively during this time.

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was paying the base rent under his lease. Landlord claimed that tenant owed an additional $90 per month for an MCI rent increase. Some time earlier, tenant had filed a PAR protesting the MCI rent increase with the DHCR. At that time, prior landlord hadn't collected the MCI rent increase from tenant. Prior landlord was barred from collecting any retroactive MCI increase while tenant's PAR was pending, but was entitled to collect the increase prospectively during this time. Prior landlord hadn't collected the additional MCI rent increase even after renewing tenant's lease. Court: Landlord loses. Prior landlord waived the right to collect the MCI increase. Current landlord is bound by that waiver.

Buono v. Hargrove: NYLJ, p. 33, col. 4 (6/21/95) (Civ. Ct. Kings; Finkelstein, J)

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