Legal Rent Was Based on Maximum Collectible Rents Set by DHCR

November 21, 2017

LVT Number: #28010

Rent-controlled tenant complained of rent overcharge. The DRA ruled that tenant's maximum collectible rent (MCR) effective Jan. 1, 2017, was $992.98. In a prior DHCR order issued in response to another overcharge complaint, the DRA had ruled that tenant's MCR was $864.81 effective March 1, 2014. Neither landlord nor tenant had appealed that order, so in the new order, no collectible rent was calculated by the DRA prior to March 1, 2014. Tenant appealed and lost. The legal rent found by the DRA was based on maximum base rent (MBR) orders of eligibility.

Rent-controlled tenant complained of rent overcharge. The DRA ruled that tenant's maximum collectible rent (MCR) effective Jan. 1, 2017, was $992.98. In a prior DHCR order issued in response to another overcharge complaint, the DRA had ruled that tenant's MCR was $864.81 effective March 1, 2014. Neither landlord nor tenant had appealed that order, so in the new order, no collectible rent was calculated by the DRA prior to March 1, 2014. Tenant appealed and lost. The legal rent found by the DRA was based on maximum base rent (MBR) orders of eligibility. Tenant's challenge of the 2014-2015 MBR order was denied, and tenant didn't challenge the 2016-2017 MBR order.

Carter: DHCR Adm. Rev. Docket No. FQ120033RT (9/7/17) [3-pg. doc.]

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