DHCR Finds No Merit to Tenant Objections to MCI Rent Increases

LVT Number: #33240

Landlord applied to the DHCR for MCI rent hikes based on installation of a water heater supplier and installer. The DRA ruled for landlord. Tenants appealed and lost. Tenants made a number of claims that the DHCR found had no merit. Landlord submitted sufficient proof of payment and signed affidavits from all contractors. Landlord's claimed costs were within the limits of the applicable Reasonable Cost Schedule for this work. The record included a DOB sign-off documenting that the hot water heaters were in proper working order when the upgrade was completed.

Landlord applied to the DHCR for MCI rent hikes based on installation of a water heater supplier and installer. The DRA ruled for landlord. Tenants appealed and lost. Tenants made a number of claims that the DHCR found had no merit. Landlord submitted sufficient proof of payment and signed affidavits from all contractors. Landlord's claimed costs were within the limits of the applicable Reasonable Cost Schedule for this work. The record included a DOB sign-off documenting that the hot water heaters were in proper working order when the upgrade was completed. The DOB sign-off was validation that the installation was performed in a workmanlike manner. It didn't matter if the prior water heater hadn't outlived its useful life, since there was no prior MCI rent increase granted for the improvement that was the subject of this application. And, although there were numerous class B and C violations for the building in HPD's database when landlord's application was filed, landlord submitted an architect's affidavit affirming that the underlying conditions that were the bases for the violations in question had been corrected. 

Various Tenants of 901 Walton Avenue: DHCR Adm. Rev. Docket No. JU610005RT (5/17/24)[3-pg. document]

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