Government Filing Fees Excluded from MCI Increase

Landlord applied for MCI rent hikes based on the installation of a fuel storage tank. The DRA ruled for landlord except that it disallowed any increase for filing fees and other costs for obtaining government approvals. Landlord appealed and lost. DHCR policy precludes MCI increases for government filing fees. Landlord's "mobilization fee" was properly disallowed since it was described by landlord as a "deposit" without any further breakdown, even after requested by the DRA. The DRA also properly disallowed costs for the installation of a temporary oil tank since there was no proof that this was a necessary component of the MCI and it would be unfair to charge tenants for this.

35-20 97th Street: DHCR Adm. Rev. Docket No. YC110031RO (11/8/13) [1-pg. doc.]