Amount Owed Based on DRA Order Setting MCR

Facts: Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord claimed that tenant owed $6,400 and that tenant's monthly rent was $510. Tenant claimed that his monthly rent was $165. The court reviewed several DHCR documents. A Report of Maximum Rent, dated Jan. 1, 2001, stated that the MCR was $165. An Order Establishing Maximum Rent, dated Feb. 8, 2002, stated that the MCR was $475. And a Report of Maximum Rent, dated April 1, 2002, stated that the MCR was $510. Court: Landlord wins in part. The legal collectible rent was $475. The two Reports of Maximum Rent weren't DRA orders. They were simply reports that could be used by the DHCR to set rents. Only the Order Establishing Maximum Rent was a DHCR determination of tenant's legal rent. Since tenant was understandably confused by the report, which stated that his legal rent was $165, the court gave tenant some time to pay the back rent owed.

226 W. 238 Realty Corp. v. Horn: NYLJ, 2/26/03, p. 24, col. 3 (Civ. Ct. Bronx; Rodriquez, J)