Landlord Never Obtained Initial MBR Order in 1972

Rent-controlled tenant complained of a rent overcharge. His rent was $845 per month. The DRA ruled for tenant and set tenant's maximum collectible rent (MCR) at $154 from May 1, 1992, to Jan. 1, 2006. Landlord appealed, claiming that the DHCR had granted landlord's maximum base rent (MBR) increase applications over many years. The DHCR ruled against landlord. Rent control regulations required landlord to obtain a computed MBR order in 1972. Without that order, a grant of later MBR applications for any two-year period didn't legally increase the MCR of a rent-controlled apartment. The DHCR's records didn't show that landlord or prior landlord ever obtained a computed MBR order in 1972. So the DRA correctly froze tenant's rent and advised landlord to file for a computed MBR order.

D.G.L. Realty Inc.: DHCR Adm. Rev. Docket No. VC620007RO (9/25/07) [2-pg. doc.]