Tenant's DRIE Doesn't Bar MBR Increase

August 31, 2007

LVT Number: #19876

Rent-controlled tenant complained of a rent overcharge after landlord charged him new maximum collectible rent based on 2002-03 MBR increases. Tenant claimed that he was subject to Disability Rent Increase Exemption (DRIE) and his maximum collectible rent there was $1,259. The DRA ruled that tenant's MCR was $1,270. Tenant appealed, pointing out that the DRIE Program issued a prior order freezing tenant's rent at $1,259. The DHCR ruled against tenant. The DRA properly set the MCR based on the history of rent increases on file for tenant's apartment.

Rent-controlled tenant complained of a rent overcharge after landlord charged him new maximum collectible rent based on 2002-03 MBR increases. Tenant claimed that he was subject to Disability Rent Increase Exemption (DRIE) and his maximum collectible rent there was $1,259. The DRA ruled that tenant's MCR was $1,270. Tenant appealed, pointing out that the DRIE Program issued a prior order freezing tenant's rent at $1,259. The DHCR ruled against tenant. The DRA properly set the MCR based on the history of rent increases on file for tenant's apartment. Tenant must direct any other questions about how much rent he should pay to the DRIE Program.

Manchester Units LLC/Danar: DHCR Adm. Rev. Docket Nos. VC120024RO, VC120026RT (7/11/07) [9-pg. doc.]

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