Landlord Can't Challenge MCI Room Count in DHCR Overcharge Proceeding

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled for tenant and directed landlord to refund $17,816, including triple damages and interest. Landlord appealed and lost. Landlord claimed that it hadn't received tenant's complaint from the DRA. Landlord also argued that a prior DHCR order had incorrectly based an MCI increase for tenant on a room count of two rooms rather than three rooms. The DHCR noted that it mailed the complaint to landlord at the name and address taken from DHCR records that were based on landlord's registrations. The DHCR also pointed out that the room count for tenant's MCI rent increase was two in a prior DHCR decision and therefore couldn't be challenged in the overcharge case.

Promenade Global LLC: DHCR Adm. Rev. Docket No. MQ410011RO (11/19/24)[2-pg. document]