Tenant Had Notice of Landlord's Application

LVT Number: 10107

Landlord applied for MCI rent hikes. The DRA ruled for landlord, and tenant appealed, claiming she didn't get notice of landlord's pending MCI application in her vacancy lease and therefore shouldn't be charged the increase. The DHCR ruled against tenant. Tenant was living in the building in another apartment when landlord filed and served copies of the application. Tenant therefore received actual notice. The absence of the required notice clause in tenant's vacancy lease for the new apartment didn't matter.

Landlord applied for MCI rent hikes. The DRA ruled for landlord, and tenant appealed, claiming she didn't get notice of landlord's pending MCI application in her vacancy lease and therefore shouldn't be charged the increase. The DHCR ruled against tenant. Tenant was living in the building in another apartment when landlord filed and served copies of the application. Tenant therefore received actual notice. The absence of the required notice clause in tenant's vacancy lease for the new apartment didn't matter.

Lewis: DHCR Adm. Rev. Dckt. No. EI-610104-RT (6/15/95) [1-page document]

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