Tenant Only Complained About MCI Rent Hike

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,600. Landlord appealed. The DRA found an overcharge because landlord took a 1/40th rent increase for repair and maintenance work, and didn't freeze tenant's rent for a period when a rent reduction was in effect. Landlord pointed out that tenant only complained about an MCI rent hike that landlord charged her. The DHCR ruled for landlord. Tenant could have checked off other grounds for her complaint on the agency's overcharge complaint form, but didn't do so. So the DRA should only have considered the issue raised in the complaint. And landlord began to charge tenant the MCI rent hike only during her renewal lease. So there was no overcharge.

BMW Parkview Corp.: DHCR Adm. Rev. Dckt. No. TB410037RO (3/15/05) [2-pg. doc.]