Landlord Didn't Get Order of Eligibility to Increase Rent

LVT Number: #19792

Rent-controlled tenant complained of a rent overcharge. Landlord claimed that she had received orders from the DRA during the prior four years authorizing MBR increases. The DRA ruled for tenant and found an overcharge. Landlord appealed and lost. There was no Computed Order of Eligibility on file for the rent-controlled apartments in the building. So landlord wasn't entitled to any MCR increases for tenant's apartment, even though MBR increases were authorized.

Rent-controlled tenant complained of a rent overcharge. Landlord claimed that she had received orders from the DRA during the prior four years authorizing MBR increases. The DRA ruled for tenant and found an overcharge. Landlord appealed and lost. There was no Computed Order of Eligibility on file for the rent-controlled apartments in the building. So landlord wasn't entitled to any MCR increases for tenant's apartment, even though MBR increases were authorized.

Henschke: DHCR Adm. Rev.Docket No. VA420038RO (4/25/07) [3-pg. doc.]

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