Tenant's Use of Roof Considered in Setting Apartment's MCR
LVT Number: 14736
Tenant and landlord disputed the legal Maximum Collectible Rent (MCR) for tenant's rent-controlled apartment. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant had exclusive use of a roof garden/recreation area and that this should be reflected in tenant's rent. The DHCR ruled for landlord in part. Tenant's MCR was increased by $185 multiplied by 33.33 percent. This reduction in the rent increase reflected the fact that the roof garden was only usable for less than half the year.
Bunyan: DHCR Adm. Rev. Dckt. No. NC220004RP (12/7/00) [5-pg. doc.]