Tenant's Lease Didn't Give Specific Notice of Increase

Tenant complained of a rent overcharge and objected to a $35 rent increase based on MCIs. The DRA ruled for tenant. The DRA found that landlord couldn't collect the MCI increase because tenant's lease didn't contain a specific clause permitting the MCI rent increase. Landlord appealed, claiming that tenant's 1985 lease notified tenant that her rent could be increased by MCI increases. The DHCR ruled against landlord. The 1985 lease contained only general language that gave notice of a possible increase if any pending MCI application was approved. It didn't mention landlord's actual pending application. So landlord couldn't collect the MCI increase as of December 1986. It had to wait until the end of tenant's lease term.

Tiso Brothers, Inc.: DHCR Adm. Rev. Dckt. No. DF810402RO (3/25/99) [2-pg. doc.]