Prior Landlord Never Filed for MBR Increases

LVT Number: 15020

Landlord asked the DHCR to increase rent-controlled tenant's $85 rent based on unique and peculiar circumstances. The DRA ruled against landlord. Landlord appealed and lost. Prior landlord never filed for MBR increases for tenant's apartment. So prior landlord's mismanagement was the cause of tenant's low rent. There were no unique or peculiar circumstances warranting a rent increase. The fact that a 1982 agency order mistakenly listed the apartment as two rooms, instead of seven, didn't excuse the fact that prior landlord didn't file for the MBR increases in many years.

Landlord asked the DHCR to increase rent-controlled tenant's $85 rent based on unique and peculiar circumstances. The DRA ruled against landlord. Landlord appealed and lost. Prior landlord never filed for MBR increases for tenant's apartment. So prior landlord's mismanagement was the cause of tenant's low rent. There were no unique or peculiar circumstances warranting a rent increase. The fact that a 1982 agency order mistakenly listed the apartment as two rooms, instead of seven, didn't excuse the fact that prior landlord didn't file for the MBR increases in many years.

Ellett: DHCR Adm. Rev. Dckt. No. OI420093RO (4/12/01) [3-pg. doc.]

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