Retroactive MBR Increase Granted

LVT Number: 9080

Landlord applied to the DHCR for an MBR increase. The DRA denied the application, and landlord challenged it. This time, the DRA granted landlord's application and made the increase retroactive. Tenant appealed, claiming that landlord didn't meet the violation certification requirements. Tenant also argued that the increase shouldn't be retroactive. The DHCR ruled for landlord. Landlord had cleared enough violations to qualify for the increase. Also, the increase can be retroactive because the order granting eligibility wasn't issued until three years after the effective date.

Landlord applied to the DHCR for an MBR increase. The DRA denied the application, and landlord challenged it. This time, the DRA granted landlord's application and made the increase retroactive. Tenant appealed, claiming that landlord didn't meet the violation certification requirements. Tenant also argued that the increase shouldn't be retroactive. The DHCR ruled for landlord. Landlord had cleared enough violations to qualify for the increase. Also, the increase can be retroactive because the order granting eligibility wasn't issued until three years after the effective date.

Quintana: DHCR Adm. Rev. Dckt. No. FI 420377-RT (7/28/94) [3-page document]

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