Landlord Proved Entitlement to MBR Increases

July 31, 1993

LVT Number: 8079

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Landlord was entitled to rent increases under 1988/89 and 1990/91 MBR orders of eligibility from the DHCR and to fuel cost adjustments. Landlord had notified tenant in writing of the rent increases and, initially, a conservator appointed for tenant had paid them. Tenant couldn't now claim the increases were invalid. Landlord wasn't required to sent a separate formal notice of the rent increases to tenant's conservator.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Landlord was entitled to rent increases under 1988/89 and 1990/91 MBR orders of eligibility from the DHCR and to fuel cost adjustments. Landlord had notified tenant in writing of the rent increases and, initially, a conservator appointed for tenant had paid them. Tenant couldn't now claim the increases were invalid. Landlord wasn't required to sent a separate formal notice of the rent increases to tenant's conservator.

Capital Holding Co. v. Rose: NYLJ, p. 21, col. 2 (7/16/93) (App. T. 1 Dept.; Parness, PJ, Miller, McCooe, JJ)

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