Additional Roommate Surcharge Not Included in MBR

February 6, 2012

LVT Number: #23877

The DRA set the MCR for tenant's rent-controlled apartment at $2,423 effective Jan. 1, 2010. Landlord appealed, claiming that the MCR and corresponding MBR should be higher because tenant had a roommate. The DHCR ruled against landlord. Under rent control, tenant's rent had been raised 10 percent in September 2008 because an additional occupant lived in the apartment with tenant. But the additional occupant charge added to the MCR is a separate charge that isn't incorporated or factored into the MBR computation.

The DRA set the MCR for tenant's rent-controlled apartment at $2,423 effective Jan. 1, 2010. Landlord appealed, claiming that the MCR and corresponding MBR should be higher because tenant had a roommate. The DHCR ruled against landlord. Under rent control, tenant's rent had been raised 10 percent in September 2008 because an additional occupant lived in the apartment with tenant. But the additional occupant charge added to the MCR is a separate charge that isn't incorporated or factored into the MBR computation. It also isn't a permanent part of the legal rent for purposes of later MCR computations.

Samson Management LLC: DHCR Adm. Rev. Docket No. YI420040RO (12/23/11) [2-pg. doc]

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