Landlord Can't Collect 1985 MBR Hike

LVT Number: 19087

Rent-controlled tenant complained of a rent overcharge. Tenant claimed that landlord couldn't collect a 7.5 percent MBR rent hike for 1985, because landlord didn't deliver required MBR rent hike notices. The DRA ruled for tenant. Landlord appealed and lost. Landlord hadn't send tenant the 1985 RN-26 form. Since tenant didn't get a notice of the 1985 MBR rent hike, tenant's legal rent must be recalculated to a lower amount.

Rent-controlled tenant complained of a rent overcharge. Tenant claimed that landlord couldn't collect a 7.5 percent MBR rent hike for 1985, because landlord didn't deliver required MBR rent hike notices. The DRA ruled for tenant. Landlord appealed and lost. Landlord hadn't send tenant the 1985 RN-26 form. Since tenant didn't get a notice of the 1985 MBR rent hike, tenant's legal rent must be recalculated to a lower amount.

Phillips & Huyler, LP: DHCR Adm. Rev. Dckt. No. QE420016RO (1/10/06) [6-pg. doc.)

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