MBR Properly Calculated

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Rent-controlled tenant complained of a rent overcharge. She said landlord operated an illegal hotel, had reduced services, and charged a fuel increase despite agreeing earlier that tenant wouldn't have to pay for fuel. The DRA ruled against tenant and found that her 2005 Maximum Collectible Rent (MCR) was $912. Tenant appealed and lost. DHCR records show that the Maximum Base Rent (MBR) and MCR for the apartment were properly calculated over the years. Tenant's specific objections to certain MBR increases were pending in separate DHCR cases. The DHCR was also considering the hotel issue in a separate case. And tenant's claim concerning fuel costs wasn't relevant. The MBR and MCR for the apartment didn't include fuel cost adjustments.

Drennan: DHCR Adm. Rev. Docket No. TL420044RT 9/1/06 [6-pg. doc.]