First-Floor Tenant Must Pay MCI Rent Hike for Elevator

The DRA granted landlord's MCI rent increase application based on elevator upgrading. A first-floor tenant appealed, claiming that it was unfair for her to pay the MCI increase because she lived on the first floor of the building and didn't use the elevator. The DRA ruled against tenant. MCI rent hikes are permitted under Rent Stabilization Code Section 2522.4 for building-wide improvements required for the operation, preservation, and maintenance of the building structure. The benefits of the MCI are shared by all tenants, directly or indirectly, so all tenants must pay the increase.

96-02 57th Avenue: DHCR Adm. Rev. Docket Nos. YA110055RO, YB110019RT (7/23/10) [3-pg. doc.]