No Error in Calculation of Rent-Controlled Tenant's Rent

Rent-controlled tenant complained of rent overcharge, claiming improper calculation of the latest Maximum Base Rent (MBR) for his apartment. The DRA issued an order calculating the Maximum Collectible Rent (MCR) for the apartment between 2000 and June 1, 2020. The current MCR was $889.82. The MCR prior to Jan. 1, 2000, had previously been calculated by the DHCR in a prior order and was therefore omitted in the new order.

Tenant appealed and lost. Since neither landlord nor tenant appealed the DRA's prior order calculating the MCR up to 2000, the DRA correctly made calculations only from Jan. 1, 2000, to June 1, 2020. The DRA's calculation chart also correctly included an MCI increase granted several years earlier. Tenant complained for the first time in his PAR about a cooking stove charge that had been included in the apartment's rent since 1943. This claim was outside the scope of review of this proceeding. The DRA's rent chart adequately explained the rent history of the apartment, and tenant failed to point out any error.

Felix: DHCR Adm. Rev. Docket No. IX420030RT (4/26/21) [2-pg. doc.]