Landlord Can't Modify Room Count

LVT Number: 9026

Freeport, Long Island, landlord applied for MCI rent hikes, and the DRA granted its application, in part. Landlord appealed, claiming that the DRA had based the amount of the increases on an incorrect room count. Landlord argued that since it had been in the process of completing a revised room count when the DRA's decision was made, the corrected number should be included in the calculations. Landlord loses. Once a landlord supplies the DHCR with a room count, it can't modify that count after the DRA grants the MCI increase.

Freeport, Long Island, landlord applied for MCI rent hikes, and the DRA granted its application, in part. Landlord appealed, claiming that the DRA had based the amount of the increases on an incorrect room count. Landlord argued that since it had been in the process of completing a revised room count when the DRA's decision was made, the corrected number should be included in the calculations. Landlord loses. Once a landlord supplies the DHCR with a room count, it can't modify that count after the DRA grants the MCI increase.

Triangle Associates: DHCR Adm. Rev. Dckt. No. FD 730090-RO (6/22/94) [2-page document]

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