Landlord Sent MBR Increase Notice on Time

January 1, 2008

LVT Number: #20126

Rent-controlled tenant complained of a rent overcharge. Tenant claimed that landlord didn't file 2004-05 MBR increase notice on time. The DRA ruled for tenant, finding that landlord admitted that the MBR notice wasn't properly delivered to tenant. The DRA therefore disallowed any MBR increase for the 2004-05 cycle. Landlord appealed, claiming that it properly sent tenant notice after the DRA issued an amended 2004-05 MBR order of eligibility in October 2006. The DHCR ruled for landlord. Landlord proved that it didn't receive a copy of the amended MBR order until June 2006.

Rent-controlled tenant complained of a rent overcharge. Tenant claimed that landlord didn't file 2004-05 MBR increase notice on time. The DRA ruled for tenant, finding that landlord admitted that the MBR notice wasn't properly delivered to tenant. The DRA therefore disallowed any MBR increase for the 2004-05 cycle. Landlord appealed, claiming that it properly sent tenant notice after the DRA issued an amended 2004-05 MBR order of eligibility in October 2006. The DHCR ruled for landlord. Landlord proved that it didn't receive a copy of the amended MBR order until June 2006. And the order stated that the rent increase would be retroactive to Jan. 1, 2004. Since landlord properly sent notice of this order to tenant, landlord was entitled to collect the 2004-05 MBR increase.

Sky Management Corporation: DHCR Adm. Rev. Docket No. VC420009RO (10/4/07) [3-pg. doc.]

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