Tenant's Use of Roof Considered in Setting Apartment's MCR

February 1, 2001

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.

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.]

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