MBR Increase Applied Retroactively

The DRA initially denied landlord eligibility for 1988/89 MBR increase for tenant's rent-controlled apartment. The DRA found that landlord didn't meet the necessary violation certification requirements. Later, the DRA revoked this finding and granted landlord the MBR increase. Tenant appealed, claiming that the MBR increase shouldn't be retroactive and that it should take effect only as of February 1990, when the DRA's order was issued. The DHCR ruled against tenant. The first date of the 1988/89 MBR cycle was Jan. 1, 1988. It wasn't landlord's fault that the DHCR took over two years to decide that landlord was eligible for the MBR increase as of that date. It was only fair that the rent increase be made retroactive.

Kaplan: DHCR Adm. Rev. Dckt. No. EC 120333-RT (12/3/93) [2-page document]