Landlord Used Wrong Form to Calculate MBR

Tenant challenged landlord's eligibility for a 1988-89 MBR increase, claiming that landlord had miscalculated the MBR and used the wrong form. The DRA ruled for landlord, and tenant appealed. Tenant claimed that landlord wasn't entitled to use the short form (RN-26S) in calculating the MBR because landlord had been granted an MCI increase. Landlord wins, in part. Even if landlord had used the improper form, this by itself doesn't warrant revoking the MBR. Since tenant had a separate overcharge complaint pending, the DHCR ruled that the MBR increase should be calculated in that proceeding.

Almon: DHCR Adm. Rev. Dckt. Nos. EK 220210-RT, FA 220161-RT (3/31/94) [3-page document]