Rent Strike No Bar to MBR Increase

LVT Number: 8540

The DRA granted landlord eligibility to increase MBRs for rent-controlled tenants. Tenants appealed, pointing out that most of the building's rent-controlled tenants were on rent strike during the certification period. They claimed landlord couldn't have been maintaining sufficient building services during that time to qualify for MBR increases. The DHCR ruled against tenants. The mere fact that tenants were on rent strike at the same time landlord got MBR increases had no bearing on the correctness of the DRA's decision. Tenants submitted no proof of building violations.

The DRA granted landlord eligibility to increase MBRs for rent-controlled tenants. Tenants appealed, pointing out that most of the building's rent-controlled tenants were on rent strike during the certification period. They claimed landlord couldn't have been maintaining sufficient building services during that time to qualify for MBR increases. The DHCR ruled against tenants. The mere fact that tenants were on rent strike at the same time landlord got MBR increases had no bearing on the correctness of the DRA's decision. Tenants submitted no proof of building violations.

Lewton: DHCR Adm. Rev. Dckt. No. BD 410044-RT (12/31/93) [2-page document]

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