Landlord Can't Collect MBR Increase Until Rent Restored

Rent-controlled tenant complained of a reduction in services. The DRA ruled for tenant and reduced tenant's maximum legal rent. Landlord appealed, claiming that the needed repairs were minor. Landlord also argued that he should be able to collect MBR increases before tenant's rent was restored because the effective date of the MBR increases fell before the effective date of the rent reduction. The DHCR denied landlord's PAR. The DHCR states in Policy Statement 90-1 that landlords aren't entitled to collect MBR increases after the effective date of a rent reduction order for failure to maintain an essential service until a full rent restoration order is issued. This policy applies even if the DRA's order fails to distinguish a minor nonessential service reduction

[Albert: DHCR Adm. Rev. Dckt. No. ARL 08745-Q (12/23/92)]. 3-page document.