Landlord Can Collect Retroactive MBR Increase After Rent Restored

(Decision submitted by Great Neck, N.Y., attorney Kim S. Winn, who represented the landlord.) Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that she owed no rent. Landlord claimed that the legal monthly rent was $660. Tenant claimed that it was $300. The court ruled against tenant. Tenant's rent had been reduced based on a reduction of services. It was later restored in September 2002. Under a DHCR order and policy statement, if landlord applied for and got MBR increases between 1986 and 2002, it was entitled to collect all of the accumulated MBR increases effective Oct. 1, 2002. A trial was needed to determine the facts and the amount of rent owed.

246 Assocs. v. Horn: Index No. 83954/03 (Civ. Ct. NY 1/30/04; Schneider, J) [7-pg. doc.]