Tenant Was Rent Controlled, Not Stabilized

Tenant complained of rent overcharge. She claimed that, although new landlord gave her a rent-stabilized renewal lease, she was rent controlled. The DRA ruled that tenant was rent controlled, but found no overcharge because the MCR was $700 and landlord currently charged tenant $338. Tenant appealed and won. There was no dispute that tenant was rent controlled. She was 94 years old and had lived in the apartment since 1941. Tenant's prior rent was $298. Landlord improperly increased the rent to $338 by giving tenant a rent-stabilized renewal increase. So that rent increase was revoked. Either landlord or tenant could request a DHCR ruling on what the correct MBR and MCR were for tenant's apartment.

Clasp: DHCR Adm. Rev. Docket No. CM220028RT (8/1/14) [2-pg. doc.]