Landlord Entitled to MBR Increase

Landlord applied for an MBR Order of Eligibility in 2011. The DRA ruled for landlord. Tenant appealed, claiming that landlord had a six-year pattern of filing false certifications and erroneous computations. The DRA ruled against tenant and affirmed the MBR increase. The DRA found that landlord had complied with violation certification requirements and that the MBR increase was effective Feb. 1, 2012. If tenant couldn't resolve calculation questions with landlord, tenant could file a rent overcharge complaint with the DHCR. The DHCR ruled against tenant. Landlord had cleared the requisite number of violations to get the MBR increase for 2012. And tenant's PARs against prior MBR orders had been denied. Tenant also claimed that landlord made false statements on fuel cost adjustment applications, but whether landlord was entitled to fuel cost adjustments had no bearing on its MBR application.

Chang: DHCR Adm. Rev. Docket No. BO420025RT (5/7/13) [3-pg. doc.]