No Time Limit on Calculation of MCR History

Rent-controlled tenant complained of a rent overcharge. The DRA calculated tenant's rent history back to Jan. 1, 1972, when the MBR system started and explained each rent increase through Jan. 1, 2008. The DRA found that tenant's current MCR was $746. Tenant appealed, questioning why the DRA looked back more than three years to calculate the legal rent. Tenant claimed that landlord was improperly charging for fuel cost adjustments and improperly trying to collect back rent for a two-year period. The DHCR ruled against tenant. The DRA didn't make any new determination on the merits regarding tenant's legal rent. The DRA merely listed the previously established MCRs as reflected in the rent agency's records. Nothing in the rent-control laws or regulations sets a limit on the number of years that the DHCR can go back to examine the apartment's rent history for the purpose of establishing tenant's maximum collectible rent.

Thompson: DHCR Adm. Rev. Docket No. WG420052RT (8/14/08) [2-pg. doc.]