Landlord Didn't File Form Needed for Rent-Controlled Tenant

July 31, 2003

LVT Number: 16753

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA omitted a rent increase for installation of a new refrigerator in tenant's apartment. The DHCR ruled against landlord. Although landlord claimed that it had tenant's written consent to the rent increase, landlord was required to file a rent control form, RN-79b, to request approval for the rent increase. Landlord didn't do so. So it couldn't collect the rent increase for the refrigerator.

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA omitted a rent increase for installation of a new refrigerator in tenant's apartment. The DHCR ruled against landlord. Although landlord claimed that it had tenant's written consent to the rent increase, landlord was required to file a rent control form, RN-79b, to request approval for the rent increase. Landlord didn't do so. So it couldn't collect the rent increase for the refrigerator.

Carlton Builders, LLC: DHCR Adm. Rev. Dckt. No. QL120044RO (6/10/03) [3-pg. doc.]

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