Landlord Overcharged Rent-Controlled Tenant

Rent-controlled tenant complained to the DHCR in 2022 of rent overcharge. She claimed that there were improper Maximum Base Rent (MBR) calculations in the apartment's rent history since 1960. Landlord claimed that the DHCR had approved all of landlord's MBR and Maximum Collectible Rent (MCR) calculations, and that tenant had paid no rent increase since 2011.

The DRA ruled for tenant, finding that the MCR was $812.49 as of Jan. 1, 2011, but that landlord had been charging tenant $1,141.46 improperly since that time. The DRA included in its order a computerized history of the apartment's MBR and MCR from 1972 to 2022. The DRA noted that triple damages could apply and that tenant must go to court to collect any money owed to her. 

Landlord appealed and lost, claiming that it was improper for the DRA to look at rent history back to 1972. Landlord also claimed that there were errors in the DHCR's MBR/MCR history for the apartment. The DHCR disagreed. The DRA's review and inclusion of the MBR/MCR rental history dating back to 1972 is both standard for overcharge cases involving rent-controlled units and is required by statute. This gives both sides a comprehensive overview of an apartment's rent history. While landlord now objected to calculations involving the 1984 MBR Order, it can't challenge the 1984 MBR in this proceeding. And landlord's other claims of errors in the MBR history were incorrect. 

83-44 Homes, Corp.: DHCR Adm. Rev. Docket No. MR120007RO (11/5/25)[3-pg. doc.]