Filing Fees Disallowed from Total MCI Costs

LVT Number: #24660

The DRA granted landlord's application for MCI rent hikes based on the installation of a new roof, exterior renovation, a boiler/burner, and new exterior doors. Tenants appealed and won, in part. Among other things, tenants objected to the inclusion of filing fees in the approved cost of the MCI. They also objected to the portion of the claimed MCI costs that were attributable to roof repairs. The DHCR found that landlord wasn't entitled to pass along the filing fee costs.

The DRA granted landlord's application for MCI rent hikes based on the installation of a new roof, exterior renovation, a boiler/burner, and new exterior doors. Tenants appealed and won, in part. Among other things, tenants objected to the inclusion of filing fees in the approved cost of the MCI. They also objected to the portion of the claimed MCI costs that were attributable to roof repairs. The DHCR found that landlord wasn't entitled to pass along the filing fee costs. The leaks into certain apartments were a one-time occurrence due to a blocked drain on the roof during construction. Repairs were made to the affected apartments. The costs of these repairs shouldn't have been included in the total MCI costs and also were deducted. The total MCI cost was reduced by $17,250.

18-20 1st Avenue: DHCR Adm. Rev. Docket No. WA430012RT (1/24/13) [5-pg. doc.]

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