MCR Adjusted to Reflect Replacement of Refrigerator with Tenant's Appliance

Rent-controlled tenant complained of a rent overcharge. He claimed that his maximum rent was improperly calculated due to rent increases for a refrigerator, stove, and combination sink with cabinets that he never received. Landlord claimed that it had given tenant a monthly $6 rent credit starting in 2009 after tenant replaced landlord's refrigerator with one he purchased. The DRA ruled for tenant and reduced his maximum rent. The DRA also stated that tenant could seek overcharge damages in court. Landlord appealed and lost. Landlord properly filed for appliance rent increases in 1968 and 1980. But landlord didn't file proper paperwork when tenant replaced the refrigerator with his own appliance in 2009. The DRA wasn't required to account for the $6 rent credit in its calculation of the MCR. But the rent credit could be raised if tenant claimed a rent overcharge in a court proceeding.

AJ Clarke Real Estate Corp.: DHCR Adm. Rev. Docket No. AO420024RO (5/22/12) [3-pg. doc.]