Prior MBR Increase Should Be Included in MCR

LVT Number: 16938

The DRA set the MCR for tenant's apartment at $377, effective Sept. 1, 2002. Landlord appealed, claiming that the DRA incorrectly failed to include the 1998--99 MBR rent increase in calculating tenant's MCR. The DHCR ruled for landlord. Landlord received an order of eligibility for the prior MBR. So it should have been included in the new MCR.

The DRA set the MCR for tenant's apartment at $377, effective Sept. 1, 2002. Landlord appealed, claiming that the DRA incorrectly failed to include the 1998--99 MBR rent increase in calculating tenant's MCR. The DHCR ruled for landlord. Landlord received an order of eligibility for the prior MBR. So it should have been included in the new MCR.

Balic: DHCR Adm. Rev. Dckt. No. QL120016RO (10/28/03) [2-pg. doc.]

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