DHCR Increases Maximum Collectible Rent for Successor Tenant

January 27, 2019

LVT Number: #29864

Landlord asked the DHCR to determine the legal rent-controlled rent for tenant after the housing court ruled in 2015 that he had succession rights as rent-controlled tenant's son. The DRA ruled that the Maximum Base Rent (MBR) and Maximum Collectible Rent (MCR) for the apartment were both $635 as of Jan. 1, 2015. Landlord appealed and won. Landlord claimed that the MCR was improperly or unfairly calculated. The DHCR ruled that, based on the equities involved and taking into account the appropriate initial MBR of $399 for the apartment, the Jan. 1, 2015, MCR should be $906.

Landlord asked the DHCR to determine the legal rent-controlled rent for tenant after the housing court ruled in 2015 that he had succession rights as rent-controlled tenant's son. The DRA ruled that the Maximum Base Rent (MBR) and Maximum Collectible Rent (MCR) for the apartment were both $635 as of Jan. 1, 2015. Landlord appealed and won. Landlord claimed that the MCR was improperly or unfairly calculated. The DHCR ruled that, based on the equities involved and taking into account the appropriate initial MBR of $399 for the apartment, the Jan. 1, 2015, MCR should be $906.

 

Ruotolo: DHCR Adm. Rev. Docket No. GM220036RO (11/21/18) [9-pg. doc.]

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