Tenant Not Bound by Rents Listed in Master Building Rent Schedule

Rent-controlled tenant complained of a rent overcharge. The DRA ruled for tenant, determining the MCR for tenant's apartment between the years 1987 to 1991 to be less than the rent charged. Landlord appealed, claiming the rents charged were correct and that tenant never complained. The DHCR ruled against landlord. The DRA correctly calculated tenant's rent for the periods in question. Landlord incorrectly relied upon amounts he listed in various master building rent schedules submitted to the DHCR. These documents weren't official statements of the lawful rent. Tenant's failure to timely challenge prior notices of eligibility of MBR increases may not prevent collectibility for prior MBR cycles but didn't bar tenant from questioning landlord's rent computation. Tenant could sue landlord within one year of the DHCR's PAR order to get any refund due which landlord didn't pay within that time.

P.P.W. Corp.: DHCR Adm. Rev. Dckt. No. FI220165RO (8/6/96) [3-page document]