DRA Improperly Calculated MCR

LVT Number: 14749

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA's calculation of the legal rent was mistaken. A rent reduction issued in 1984 didn't concern a hazardous condition. So, landlord argued, the maximum collectible rent shouldn't have been frozen. The DHCR ruled for landlord. While the DHCR's prior order reduced tenant's rent by $13 per month, it didn't freeze the rent or stop collection of future MBR increases. So there was no overcharge.

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA's calculation of the legal rent was mistaken. A rent reduction issued in 1984 didn't concern a hazardous condition. So, landlord argued, the maximum collectible rent shouldn't have been frozen. The DHCR ruled for landlord. While the DHCR's prior order reduced tenant's rent by $13 per month, it didn't freeze the rent or stop collection of future MBR increases. So there was no overcharge.

Samson Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. OI620091RO (12/22/00) [3-pg. doc.]

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