Landlord Didn't Pay MBR Fee

April 1, 1996

LVT Number: 10496

The DHCR revoked landlord's 1986-87 MBR increases for rent-controlled apartments because landlord hadn't paid the MBR fee on time. Landlord appealed. The court ruled against landlord, and landlord appealed again. The appeals court ruled against landlord. The DHCR's revocation of landlord's MBR increases was reasonable. Landlord didn't pay the fees required by DHCR regulations. Landlord received a reminder notice five months before the MBR increases were revoked. Landlord claimed it had relied on someone else to pay the fees.

The DHCR revoked landlord's 1986-87 MBR increases for rent-controlled apartments because landlord hadn't paid the MBR fee on time. Landlord appealed. The court ruled against landlord, and landlord appealed again. The appeals court ruled against landlord. The DHCR's revocation of landlord's MBR increases was reasonable. Landlord didn't pay the fees required by DHCR regulations. Landlord received a reminder notice five months before the MBR increases were revoked. Landlord claimed it had relied on someone else to pay the fees. But this was no excuse; it was landlord's responsibility to pay the fees. And landlord couldn't get prospective reinstatement of the MBR increases by paying the fees late. DHCR Policy Statement 92-1, which permits penalties for nonpayment of administrative fees to be lifted after belated payment, only applies to rent-stabilized apartments.

Kenton Assocs. Ltd. v. DHCR: NYLJ, p. 25, col. 6 (3/14/96) (App. Div. 1 Dept.; Ellerin, JP, Rubin, Nardelli, Tom, Mazzarelli, JJ)

Topics

More like this