Landlord Can't Increase MCR Because of Prior Rent Reduction Order

LVT Number: 15732

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA didn't allow for MCR increases landlord applied for at various times. The DHCR ruled against landlord. There were two rent reduction orders issued at different times for failure to maintain services. As long as these orders were in effect and tenant's rent hadn't been restored by the DHCR, landlord was barred from collecting MCR increases.

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA didn't allow for MCR increases landlord applied for at various times. The DHCR ruled against landlord. There were two rent reduction orders issued at different times for failure to maintain services. As long as these orders were in effect and tenant's rent hadn't been restored by the DHCR, landlord was barred from collecting MCR increases.

525 West End Corp.: DHCR Admin. Rev. Dckt. No. PI420050RO (1/8/02) [7-pg. doc.]

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