Tenant Paid Excess Retroactive MCI Increase

LVT Number: 14454

Tenant complained of a rent overcharge. The DRA ruled for tenant, but found that the overcharge wasn't willful. Landlord appealed and lost. Landlord collected more than he should have from tenant when the DHCR granted him an MCI rent increase. The permanent MCI rent increase should have been limited to six percent of the rent charged in any 12-month period. The same limit applied to the temporary retroactive MCI rent increase charged tenant.

Tenant complained of a rent overcharge. The DRA ruled for tenant, but found that the overcharge wasn't willful. Landlord appealed and lost. Landlord collected more than he should have from tenant when the DHCR granted him an MCI rent increase. The permanent MCI rent increase should have been limited to six percent of the rent charged in any 12-month period. The same limit applied to the temporary retroactive MCI rent increase charged tenant.

Sena: DHCR Adm. Rev. Dckt. No. LI410113RO (8/10/00) [3-pg. doc.]

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