MCR Calculated Incorrectly

September 30, 2007

LVT Number: #19938

Tenant appealed a DRA ruling that the MCR for her apartment was $595.27 effective Feb. 1, 2006. Landlord was granted three separate rent increases for MCIs in 1997, 2002, and 2003. Tenant claimed that the effective dates of the increases were calculated incorrectly. The DHCR ruled for tenant. The MCR in effect on Sept. 1, 2003, was $522.35. MCR increases of $39.18 and $41.18 were authorized on Jan. 1, 2004, and Jan. 1, 2005. So the MCR for Sept. 1, 2003, remained $522.35. The DRA had incorrectly made the MCR $595.27 retroactive to Sept. 1, 2003.

Tenant appealed a DRA ruling that the MCR for her apartment was $595.27 effective Feb. 1, 2006. Landlord was granted three separate rent increases for MCIs in 1997, 2002, and 2003. Tenant claimed that the effective dates of the increases were calculated incorrectly. The DHCR ruled for tenant. The MCR in effect on Sept. 1, 2003, was $522.35. MCR increases of $39.18 and $41.18 were authorized on Jan. 1, 2004, and Jan. 1, 2005. So the MCR for Sept. 1, 2003, remained $522.35. The DRA had incorrectly made the MCR $595.27 retroactive to Sept. 1, 2003.

250 West 78th, LLC: DHCR Adm. Rev. Docket No. VE410011RP (7/3/07) [2-pg. doc.]

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