Corrected MBR Order Results in Increased Rent

LVT Number: 19363

Landlord applied for 2002-2003 maximum base rent (MBR) increases. The DRA ruled for landlord. Some time later, the DRA corrected its order to increase the amount of the MBRs. This affected collectible rents between 2003 and 2006. Tenant appealed and lost. Tenant claimed that it was unfair to make him pay a rent increase because of the DHCR's mistake. The DHCR ruled that the DRA's revised order was correct, and tenant was required to pay the revised rent increases.

Landlord applied for 2002-2003 maximum base rent (MBR) increases. The DRA ruled for landlord. Some time later, the DRA corrected its order to increase the amount of the MBRs. This affected collectible rents between 2003 and 2006. Tenant appealed and lost. Tenant claimed that it was unfair to make him pay a rent increase because of the DHCR's mistake. The DHCR ruled that the DRA's revised order was correct, and tenant was required to pay the revised rent increases.

McKenzie: DHCR Adm. Rev. Docket No. UC420066RT (11/10/06) [2-pg. doc.]

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