Maximum Collectible Rent Increase Delayed

January 1, 2008

LVT Number: #20127

Rent-controlled tenant complained of a rent overcharge. She claimed that landlord didn't send the 2006-07 Notice of Maximum Base Rent Increase in a timely manner. The DRA ruled against tenant, finding that the maximum collectible rent was collectible as of Feb. 1, 2006. Tenant appealed and won. Tenant showed that landlord didn't send the MBR increase notice until Nov.16, 2006. Landlord didn't send the notice within 60 days of issuance of the MBR Order of Eligibility. So landlord couldn't collect the rent increase until Jan. 1, 2007.

Rent-controlled tenant complained of a rent overcharge. She claimed that landlord didn't send the 2006-07 Notice of Maximum Base Rent Increase in a timely manner. The DRA ruled against tenant, finding that the maximum collectible rent was collectible as of Feb. 1, 2006. Tenant appealed and won. Tenant showed that landlord didn't send the MBR increase notice until Nov.16, 2006. Landlord didn't send the notice within 60 days of issuance of the MBR Order of Eligibility. So landlord couldn't collect the rent increase until Jan. 1, 2007.

Lupo: DHCR Adm. Rev. Docket No. VC120084RT (10/4/07) [3 pg. doc.]

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