DHCR Provides MBR/MCR History in Response to Tenant's Overcharge Claim

Rent-controlled tenant filed a rent overcharge complaint in 2020. Tenant claimed that landlord charged more than the 2013 Maximum Collectible Rent (MCR) and that landlord turned off the hot water and broke a cabinet and countertops. The DRA ruled against tenant, who appealed and lost. The DRA provided an accurate and cumulative computation of the MCRs and Maximum Base Rents (MBRs) for the apartment from Oct. 1, 2012, through Jan. 22, 2021. The MCR as of January 2021 was $2,729.50. It was proper for the DRA to rely on the agency's December 2013 MBR order since it was never challenged. Tenant couldn't collaterally challenge any prior DHCR orders at this point. If landlord charged tenant more than was permitted under the various MBR orders, tenant could sue landlord in court. Tenant's additional claim that landlord engaged in rent fraud was unsupported.

Shapiro: DHCR Adm. Rev. Docket No. JT420045RT (1/12/22)[4-pg. document]