MCR Increase Not Retroactive

LVT Number: 18969

In 2005 the DHCR increased the MCR for tenant's apartment from $127 to $600, effective Jan. 1, 1998, based on unique circumstances. Landlord then claimed that tenant owed back rent of $14,000. Tenant appealed the DHCR's decision. The court sent the case back to the DHCR for further consideration. The DHCR clarified its prior decision. The rent increase was prospective only, from 2005. Rent control regulations don't permit retroactive rent increases.

In 2005 the DHCR increased the MCR for tenant's apartment from $127 to $600, effective Jan. 1, 1998, based on unique circumstances. Landlord then claimed that tenant owed back rent of $14,000. Tenant appealed the DHCR's decision. The court sent the case back to the DHCR for further consideration. The DHCR clarified its prior decision. The rent increase was prospective only, from 2005. Rent control regulations don't permit retroactive rent increases.

Young: DHCR Adm. Rev. Dckt. No. UC420001RP (4/7/06) [2-pg. doc.]

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