No Rent Increase Collected While Rent-Stabilized Tenant Was Month-to-Month

Rent-stabilized tenant complained to the DHCR in August 2019 of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that the DRA applied an incorrect base date to her complaint. But, pursuant to the HSTPA and Rent Stabilization Code Section 2526.7, the DRA properly set the base rent date as June 14, 2015. Since tenant was a month-to-month tenant prior to Sept. 1, 2016, and signed a lease on that date, the DRA properly granted landlord a 2 percent renewal increase for a two-year renewal on that date. Tenant again became month-to-month later until a renewal lease and additional increase became effective on Jan. 1, 2022. There were no rent increases collected while tenant was month-to-month, and tenant always paid a preferential rent.

Terry: DHCR Adm. Rev. Docket No. MO410009RT (8/20/24)[2-pg. document]