Computed MBR Never Established

The DRA determined that tenant's apartment was rent controlled and set the maximum rent at $87 per month, effective June 1, 1998. The DRA noted that landlord had applied for and received MBR increases for the building for prior years. But the DRA ruled that landlord couldn't get MBR increases because no computed MBR was ever established for tenant's apartment or the building. Landlord appealed and lost. Since no MBR was ever computed for the apartment, landlord couldn't collect MBR increases. Although landlord claimed this was unfair, landlord should have filed an application for computation of the MBR. It didn't matter that no one ever challenged prior MBR orders of eligibility.

Reiszel: DHCR Adm. Rev. Dckt. No. ML120018RO (10/27/99) [3-pg. doc.]