MBR Never Established

Rent-controlled tenant complained of a rent overcharge. The DRA ruled that the MBR for the apartment was $127 as of Jan. 1, 1999. Landlord appealed, claiming that the legal rent was $184. The DHCR ruled against landlord. An MBR had never been established for tenant's apartment. Even though landlord may have received prior orders of eligibility for MBR increases, this didn't bar the DRA from setting the MBR.

Matarazzo: DHCR Adm. Rev. Dckt. No. SL220040RO (1/11/05) [3-pg. doc.]