DHCR Won't Decide Retroactive Rent Issue

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) The DRA ruled that the MCR for tenant's apartment was $600 as of Jan. 1, 1999. Tenant appealed, claiming that landlord wasn't entitled to collect a retroactive rent increase because landlord didn't properly notify tenant of the MCR increase. The DHCR ruled against tenant. A court, and not the DHCR, must decide if landlord can collect retroactive rent if rents stated in the MBR order were greater than those billed by landlord.

Pogrow: DHCR Adm. Rev. Dckt. No. NF620041RT (4/28/00) [2-pg. doc.]