No MBR Order Ever Issued

April 30, 2006

LVT Number: 18838

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, arguing that the DRA didn't include MBR increases that landlord filed for over the years in calculating tenant's legal rent. The DHCR ruled against landlord. The DHCR's records showed no computed Maximum Base Rent Order establishing the MBR for tenant's apartment. Those records contained an MBR order issued in May 1972, but that order didn't set rents for any of the building's apartments.

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, arguing that the DRA didn't include MBR increases that landlord filed for over the years in calculating tenant's legal rent. The DHCR ruled against landlord. The DHCR's records showed no computed Maximum Base Rent Order establishing the MBR for tenant's apartment. Those records contained an MBR order issued in May 1972, but that order didn't set rents for any of the building's apartments. The order in fact stated that MBRs were withheld because of prior landlord's failure to certify maintenance of essential services. Also, tenant's apartment wasn't listed on the 1972 form.

Sky Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. TC420055RO (3/16/06) [3-pg. doc.]

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