DRA Used MCR for Wrong Year

LVT Number: 16168

Tenant filed a fair market rent appeal. The DRA ruled for tenant, reduced her initial rent, and directed landlord to refund $1,700. Landlord appealed, claiming that there was a calculation error by the DRA. The DHCR ruled for landlord. The DRA should have used the higher 1995 MCR instead of the 1994 MCR in calculating the fair market rent. The total refund due tenant was reduced to $1,300.

Tenant filed a fair market rent appeal. The DRA ruled for tenant, reduced her initial rent, and directed landlord to refund $1,700. Landlord appealed, claiming that there was a calculation error by the DRA. The DHCR ruled for landlord. The DRA should have used the higher 1995 MCR instead of the 1994 MCR in calculating the fair market rent. The total refund due tenant was reduced to $1,300.

Miller/Grenfell Realty Co.: DHCR Admin. Rev. Dckt. No. OH110004RO (9/24/02) [4-pg. doc.]

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