Landlord Seeks Deemed MBR Increase

Landlord asked the DHCR to increase rent-controlled tenant's MBR and MCR because prior landlord failed to file for increases otherwise entitled to for 26 years. The DRA ruled for landlord and increased the MCR from $150 to $598. Tenant appealed, and the case was reopened. Landlord had claimed that prior landlord didn't increase tenant's rent between 1970 and 1996 because tenant was a family member. Between 1996 and 2011, other prior landlords owned the building for only short periods of time and took no action to increase the rent-controlled rent. For the first time in her PAR, tenant argued that she wasn't a family member. Landlord had  stated to the DRA that it believed tenant was prior landlord's family member, and the DRA didn't give tenant sufficient opportunity to respond to this question. The case was reopened for additional fact-finding by the DRA.

Vinueza: DHCR Adm. Rev. Docket No. AU220017RT (6/28/13) [3-pg. doc.]