Rent Charged to First Rent- Stabilized Tenant Included in MCI Rent Increase

LVT Number: 14817

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that an MCI rent increase should have been included in complaining tenant's rent. The court ruled against landlord. Landlord claimed that it applied for, but didn't get, the MCI increase in time to add it to the rent of the first rent-stabilized tenant. But the DHCR ruled that landlord included the reasonable value of all services in the fair market rent of first rent-stabilized tenant and that this should have included the MCI increase. This was a reasonable ruling.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. Landlord appealed, claiming that an MCI rent increase should have been included in complaining tenant's rent. The court ruled against landlord. Landlord claimed that it applied for, but didn't get, the MCI increase in time to add it to the rent of the first rent-stabilized tenant. But the DHCR ruled that landlord included the reasonable value of all services in the fair market rent of first rent-stabilized tenant and that this should have included the MCI increase. This was a reasonable ruling.

200 W. 15th LLC v. DHCR: Index No. 110517/00 (Sup. Ct. NY 1/22/01; Stallman, J) [4-pg. doc.]

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