Maximum Collectible Rent of Apartment Remained $75 per Month Since 1973

Rent-controlled tenant complained of rent overcharge. The DRA found that the apartment's maximum collectible rent (MCR) was $75.06 per month effective Jan. 1, 1973. DHCR records showed that in May 1994, the DRA had ruled that the apartment was rent controlled and voided a Report of Vacancy Decontrol filed by a prior landlord. In a separate proceeding, the DHCR also ruled in June 2019 that the apartment remained rent controlled. Since landlord had failed to file for rent increases under the Maximum Base Rent (MBR) program, the legal rent remained $75.06, and tenant could enter a judgment in court for any legal overcharge.

Landlord appealed and lost. Landlord didn't specify any error of fact or law in the DRA's decision. And the DHCR's computer printout adequately explained the MCR between 1972 through 2018. Landlord's PAR was dismissed.

Marrone: DHCR Adm. Rev. Docket No. HW220004RO (2/21/20) [2-pg. doc.]