DHCR Deems MBR Increases

Landlord claimed that tenant's apartment was no longer rent controlled based on an agreement between landlord and tenant. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord and sent the case back for a ruling on whether landlord was entitled to any MBR increases since the time the agreement was signed. The DRA ruled that tenant's acceptance of a lump sum payment to move and landlord's reliance on tenant's promise to move were unusual circumstances that caused landlord to not apply for rent control increases since 1992. So the DRA deemed MBR increases from 1992 to 2003. Landlord appealed, claiming that the DRA didn't consider that landlord paid tenant $10,000. The DHCR ruled against landlord. The DRA did consider the payment in deciding to deem MBR increases.

Paniccioli: DHCR Adm. Rev. Dckt. No. RJ220078RO (4/22/04) [3-pg. doc.]