Landlord Used Wrong Form for Computing MCR Increases

LVT Number: 13129

The DRA issued a notice setting the MCR for tenant's apartment at $328, effective Jan. 1, 1992. Landlord appealed, claiming that the 1990 MCR was $299, and that the later MCRs were higher than what the DRA's notice stated. The DHCR ruled against landlord, finding that landlord's calculations of the MCRs were incorrect. Landlord used the RN-26 Short Form to make his calculations, even though the form's instructions state that the RN-26 Long Form must be used when there have been service adjustments since Aug. 1, 1970.

The DRA issued a notice setting the MCR for tenant's apartment at $328, effective Jan. 1, 1992. Landlord appealed, claiming that the 1990 MCR was $299, and that the later MCRs were higher than what the DRA's notice stated. The DHCR ruled against landlord, finding that landlord's calculations of the MCRs were incorrect. Landlord used the RN-26 Short Form to make his calculations, even though the form's instructions state that the RN-26 Long Form must be used when there have been service adjustments since Aug. 1, 1970.

Suljovic: DHCR Adm. Rev. Dckt. No. LC120147RO (2/11/99) [3-pg. doc.]

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