DRA Didn't Add MCI Increase to Prior Tenant's Rent

LVT Number: 15882

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA didn't properly calculate the lawful rent. The DHCR ruled for landlord. The DHCR had granted landlord an MCI increase while prior tenant was still in the apartment. So the DRA should have added a $24 rent increase to prior tenant's last rent before applying the Rent Guidelines adjustment for tenant's vacancy lease. There was no rent overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA didn't properly calculate the lawful rent. The DHCR ruled for landlord. The DHCR had granted landlord an MCI increase while prior tenant was still in the apartment. So the DRA should have added a $24 rent increase to prior tenant's last rent before applying the Rent Guidelines adjustment for tenant's vacancy lease. There was no rent overcharge.

Elrod Realty Corp.: DHCR Admin. Rev. Dckt. No. OJ410084RO (4/3/02) [2-pg. doc.]

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