Landlord Must Get Rent Restored Before Collecting MBR Increase

The DRA granted landlord's application for 1990-1991 MBR increases. Tenants appealed, claiming that landlord shouldn't be eligible for MBR increases because of a DRA order finding a decrease in services at the building and directing a rent cut. The DHCR ruled against tenants. The fact that there is a rent-reduction order outstanding against the building doesn't bar landlord from eligibility to raise MBRs. But landlord was barred from collecting the MBR increase pending the issuance of an order restoring the rent. At that time the MBR increase becomes collectible prospectively only.

Sulzberger-Rolfe, Inc.: DHCR Adm. Rev. Dckt. No. ID 420020 RP (2/7/95) [4-page document]