MBR Mistakenly Included Electricity

Rent-controlled tenant complained of a rent overcharge. The DRA ruled against tenant, finding that the MBR was $1,711 per month as of Jan. 1, 2007. Tenant appealed, claiming that the MCR set by the DRA was based on the assumption that landlord paid for the apartment electricity. Tenant said that this was incorrect. The DHCR ruled for tenant. Although the initial order of eligibility for the MBR reflected inclusion of electricity in the rent, landlord didn't dispute tenant's claim that landlord didn't pay for the apartment electricity. Tenant also showed an electric bill. The DHCR recalculated the MBR history for the apartment and reduced tenant's rent to $1,646 effective Jan. 1, 2007. Landlord was ordered to refund any excess rent tenant had paid since May 1, 2005, two years before tenant filed her complaint.

Peterson: DHCR Adm. Rev. Docket No. VJ420076RT (3/6/08) [6-pg. doc.]