MBR Didn't Include Electrical Inclusion Increase

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant and issued an order listing tenant's MCR increases for the years 1990 through 1995. Landlord appealed, claiming that the listed rents didn't include fuel cost adjustments to which landlord may have been entitled. The DHCR ruled for landlord. The DRA didn't consider the lawful electric inclusion increase in determining the MBR for tenant's apartment. The case was sent back to the DRA for recalculation.

JSB Realty Co.: DHCR Adm. Rev. Dckt. No. KD420156RO (7/23/99) [2-pg. doc.]