DHCR Mistakenly Issued Second Temporary MCI Rent Increase Modification Order

In September 2018, the DHCR's Rent Administrator issued an order modifying a prior MCI rent increase order, by modifying the rent increase for parapets temporarily due to a J-51 tax abatement offset for the work done. The reduction amounted to $1.34 per room per month for rent-controlled tenants and $1 per room per month for rent-stabilized tenants.

Landlord appealed and won. Landlord pointed out that the DRA had already issued a modification order in October 2015 for the same MCI rent increase. The DHCR agreed, noting that the prior modification order was also for the same parapet work previously approved for MCI increase by the DHCR. So, the second modification order was revoked. The DHCR gave tenants 24 months to pay any resulting rent arrears in equal monthly installments.

Mazurek: DHCR Adm. Rev. Docket No. GV130009RO (8/31/22)[2-pg. document]