Landlord Can't Transfer MBR from One Apartment to Another

May 31, 2006

LVT Number: 18911

Landlord requested a report of maximum rent for rent-controlled tenant's apartment. Tenant had agreed to move from one apartment to another in the building and continued to pay his rent-controlled rent. The DRA ruled that tenant's maximum collectible rent was $1,000 per month, and landlord appealed. Landlord didn't dispute the MCR set by the DRA, but claimed that the DRA used an incorrect MBR for the new apartment. The DHCR ruled against landlord. The MBR can't be transferred from one apartment to another. The MBR is based on a number of factors, including room count and floor location.

Landlord requested a report of maximum rent for rent-controlled tenant's apartment. Tenant had agreed to move from one apartment to another in the building and continued to pay his rent-controlled rent. The DRA ruled that tenant's maximum collectible rent was $1,000 per month, and landlord appealed. Landlord didn't dispute the MCR set by the DRA, but claimed that the DRA used an incorrect MBR for the new apartment. The DHCR ruled against landlord. The MBR can't be transferred from one apartment to another. The MBR is based on a number of factors, including room count and floor location. It's a statutory formula, and landlord and tenant can't make an agreement to change the MBR.

365 West End Ave. LLC: DHCR Adm. Rev. Dckt. No. TH420014RO (4/20/06) [5-pg. doc.]

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