DHCR Can Set Legal Rent When Determining Rent Control Coverage

July 31, 2007

LVT Number: #19809

Tenant asked the DHCR to determine whether she was rent controlled. The DRA ruled for tenant and stated that the MCR for tenant's apartment was $1,950 per month. Landlord appealed, arguing that tenant asked the DHCR to rule only on her rent control status. It was incorrect for the DRA to set tenant's rent. Landlord claimed that the correct MCR was $2,015. The DHCR ruled against landlord. In considering tenant's rent regulatory status, it was proper for the DRA also to calculate tenant's legal rent.

Tenant asked the DHCR to determine whether she was rent controlled. The DRA ruled for tenant and stated that the MCR for tenant's apartment was $1,950 per month. Landlord appealed, arguing that tenant asked the DHCR to rule only on her rent control status. It was incorrect for the DRA to set tenant's rent. Landlord claimed that the correct MCR was $2,015. The DHCR ruled against landlord. In considering tenant's rent regulatory status, it was proper for the DRA also to calculate tenant's legal rent. The DRA notified landlord that it would review this issue and gave landlord the chance to submit any documentation it had proving the claimed rent.

Brookford, LLC: DHCR Adm. Rev.Docket No. UK420010RO (4/20/07) [3-pg. doc.]

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