Late Delivery of MBR Notice Delays Rent Increase Date

In February 2010, the DRA issued an order of eligibility for 2010-2011 MBR increases. The rent increases were effective January 2010. Rent-controlled tenant challenged the MBR increases, claiming that landlord didn't send tenant a copy of the MBR order of eligibility until June 9, 2010. The DRA ruled against tenant, who appealed and won. Landlord was required to send tenant notice of the MBR increase within 60 days of the Feb. 18, 2010, issuance date. Since landlord sent the notice late, it couldn't collect the MBR increase from tenant until July 1, 2010.

Seelig: DHCR Adm. Rev. Docket No. ZH420032RT (10/6/11) [3-pg. doc.]