DHCR Properly Calculated MBR and MCR for Rent-Controlled Tenant

In 2019, landlord asked the DHCR for a ruling to establish the legal maximum rent of tenant's rent-controlled apartment. Using the information available in the DHCR's records, which included a prior Maximum Rent report and maximum base rent (MBR) applications filed by landlord in 2016, 2018, and 2020, the DRA computed the MBR and maximum collectible rent (MCR) for tenant's apartment from Jan. 1, 2016, to the present. The DRA found that the rent increases were proper, that the  Jan. 1, 2021 MBR was $1,183.66, and the MCR was $323.92. Tenant appealed and lost. Tenant claimed that because it took the DRA 32 months to decide landlord's application, she was prejudiced by the outcome. She also claimed that the determined rent amount was based on false information and was issued without a fair hearing. The DHCR disagreed, finding that the DRA's order was properly ordered. If tenant questioned the rent charged, she must file a rent overcharge complaint.

Castro: DHCR Admin. Rev. Docket No. KQ420014RT (3/3/23)[3-pg. document]