Landlord Collected Less than Maximum Rent

June 30, 2006

LVT Number: 18971

Rent-controlled tenant complained of a rent overcharge. Tenant claimed she never got the RN-26 notice of maximum rent adjustment for 2002--03. Tenant paid $551 as of March 2003. The DRA ruled against tenant and found that the MCR was $790 effective July 1, 2003. Tenant appealed and lost. Landlord proved that it had sent tenant the RN-26 notice by certified mail in June 2003. Landlord was entitled to charge the MCR increase effective July 1, 2003. But the DHCR pointed out that landlord collected only $590 at the time, which was less than the MCR.

Rent-controlled tenant complained of a rent overcharge. Tenant claimed she never got the RN-26 notice of maximum rent adjustment for 2002--03. Tenant paid $551 as of March 2003. The DRA ruled against tenant and found that the MCR was $790 effective July 1, 2003. Tenant appealed and lost. Landlord proved that it had sent tenant the RN-26 notice by certified mail in June 2003. Landlord was entitled to charge the MCR increase effective July 1, 2003. But the DHCR pointed out that landlord collected only $590 at the time, which was less than the MCR. So landlord couldn't retroactively collect the rent increase it was otherwise entitled to.

Silva: DHCR Adm. Rev. Dckt. No. TG120010RP (12/13/05) [2-pg. doc.]

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