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Can landlord collect retroactive MCI increase with active building violations?

Posted by Elizabeth, Manhattan, rent stabilized on January 07, 2001 at 22:52:28:

We lost a PAR this year for an MCI increase. I am the tenant organizer for the two buildings involved. DHCR allowed a retroactive increase to be collected incrementally over the next few years. As I understand it, no retroactive increase can be collected while there are any outstanding violations on the buildings involved. There are active violations on record for both buildings. Can I pursue DHCR for the illegal collection of the increase? When I called, all they said was that the landlord was not supposed to "do that", and hung up. What can I do to remedy this situation. These are their own rules they are choosing to ignore. The increase was steep, and there are many elderly and poor tenants involved. please help.

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