Posted by TenantNet on January 08, 2001 at 00:21:33:
In Reply to: Can landlord collect retroactive MCI increase with active building violations? posted by Elizabeth, Manhattan, rent stabilized on January 07, 2001 at 22:52:28:
When tenants lose a MCI, the collection of retroactive rent is stayed until a PAR is determined. After that though, retroactive can be collected. Building violations in themselves do not stop a MCI, but DHCR-ordered building-wide rent reductions do stop a MCI (this should have been part of the record of the MCI). See the DHCR Policy Statement (90-8 or 90-2 ??) on this - on the web site. This is generally the case, but may be altered by specific facts.
: 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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