DHCR Amends Rent-Controlled Apartment's Rent History to Include Missing MCI Increases

Rent-controlled tenant complained to the DHCR of rent overcharge in 2020. Tenant said that his current monthly rent was $2,089.55. The DRA issued an order stating that the Maximum Collectible Rent (MCR) for tenant's apartment was $1,846.95 as of May 1, 2018. The DRA included a rent history chart for the apartment dating back to Jan. 1, 1972.

Landlord appealed and won, in part. Landlord claimed that the DRA's rent history was incomplete. First, landlord claimed that three electrical inclusion orders from 1972, 1974, and 1976 respectively increased the apartment rent. But these orders didn't reference tenant's apartment. And these orders weren't previously included in prior MBR orders issued by the DHCR. Landlord also argued that the DRA failed to include approved MCI increases in its calculation. This was correct. Two MCI orders listed tenant's apartment and should have been included in the DRA's apartment rent history. After recalculation, the MCR effect from May 1, 2018, through April 30, 2020, was $1,889.23. 

PIK Record LLC: DHCR Adm. Rev. Docket No. JR420029RO (2/4/22)[12-pg. document]