Landlord Delayed in Collection of 2001 MBR Increase

September 30, 2003

LVT Number: 16891

Landlord received an order of eligibility for 2000--01 MBR increases, dated January 2002, which was effective Jan. 1, 2000. Landlord didn't collect the rent increases right away. In March 2003, landlord asked the DHCR if it could collect the MBR increases late and retroactively. In an opinion letter, the DHCR said no. Since landlord didn't send tenants notice of the MBR increases within 60 days of the date the DRA issued the eligibility order, it had waived the right to do so.

Landlord received an order of eligibility for 2000--01 MBR increases, dated January 2002, which was effective Jan. 1, 2000. Landlord didn't collect the rent increases right away. In March 2003, landlord asked the DHCR if it could collect the MBR increases late and retroactively. In an opinion letter, the DHCR said no. Since landlord didn't send tenants notice of the MBR increases within 60 days of the date the DRA issued the eligibility order, it had waived the right to do so.

DHCR Opin. Ltr. by Charles Goldstein (7/1/03) [2-pg. doc.]

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