Landlord Didn't File O&M Schedule

LVT Number: 14767

Tenant complained of a rent overcharge. Tenant claimed that landlord wasn't entitled to a renewal increase because he didn't file an operating and maintenance (O&M) cost schedule. The DRA ruled for tenant. Landlord appealed, claiming that denial of a rent increase on this basis wasn't mandatory. The DHCR ruled against landlord. Under the applicable Rent Guidelines Board resolution, landlord's failure to file the O&M schedule for the guidelines period in question barred collection of a renewal increase from tenant.

Tenant complained of a rent overcharge. Tenant claimed that landlord wasn't entitled to a renewal increase because he didn't file an operating and maintenance (O&M) cost schedule. The DRA ruled for tenant. Landlord appealed, claiming that denial of a rent increase on this basis wasn't mandatory. The DHCR ruled against landlord. Under the applicable Rent Guidelines Board resolution, landlord's failure to file the O&M schedule for the guidelines period in question barred collection of a renewal increase from tenant.

GRJH Inc.: DHCR Adm. Rev. Dckt. No. ND710078RO (12/1/00) [3-pg. doc.]

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