Landlord Sent MBR Eligibility Order to Tenant on Time

Rent-controlled tenant complained of a rent overcharge. Tenant claimed that landlord didn't deliver the 2006 MBR increase notice form. The DRA ruled for tenant and found that tenant's MCR was $1,121, effective Jan. 1, 2007. The DRA ruled that landlord had failed to send tenant notice of eligibility for the 2006 MBR rent increase order within 60 days after the order was issued. Therefore, landlord could collect the increase only after the date it was delivered. Landlord appealed, claiming that the MBR notice was delivered to tenant on time. The DHCR ruled for landlord in part. Review of the DHCR's records shows that landlord delivered the 2006 MBR Order of Eligibility to tenant on time. But landlord didn't file the 2006 Master Building Rent Schedule with the DHCR until September 2006. So the effective date of tenant's 2006 MBR increase was Oct. 1, 2006.

Spiegel/Martin: DHCR Adm. Rev. Docket Nos. VE420002RO, VE420019RT (9/12/07) [4-pg. doc.]