DHCR Could Issue Order While Appeal in Related Case Pending

September 30, 1996

LVT Number: 10967

Tenant complained of a rent overcharge, claiming that landlord still collected an MCI increase, even though the DHCR had revoked the increase in a prior order. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA shouldn't have ruled on the overcharge complaint while an appeal of a related order was pending. The DHCR ruled against landlord. The related PAR concerned the DRA's revocation of the MCI rent increase. The DHCR ruled against landlord.

Tenant complained of a rent overcharge, claiming that landlord still collected an MCI increase, even though the DHCR had revoked the increase in a prior order. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA shouldn't have ruled on the overcharge complaint while an appeal of a related order was pending. The DHCR ruled against landlord. The related PAR concerned the DRA's revocation of the MCI rent increase. The DHCR ruled against landlord. Landlord's filing of the related PAR didn't delay the effect of the DRA's order revoking the MCI rent increase and didn't prevent the DRA from processing tenant's rent overcharge complaint.

McBain: DHCR Admin. Rev. Dckt. No. IL910012RO (8/28/96) [3-page document]

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