HSTPA Changes to MCI Rules Don't Apply to PARs of MCI Rulings

Landlord applied for MCI rent hikes based on installation of boiler burners and an air conditioning chiller. The DRA ruled for landlord.

Tenants appealed and won, in part. Although tenants correctly pointed out that there were two outstanding immediately hazardous violations at the building while the MCI application was pending, landlord showed that the violations were resolved by July 2016 while the application was still pending. So the violations no longer barred the MCI increases, whose effective date was after the date that the violations were resolved. And violations raised by tenants that weren't posted to DOB's database until after the issuance of the DRA's order didn't present grounds to deny the MCI increases.

Tenants also argued that HSTPA should apply to their PAR. But the language of HSTPA doesn't expressly state that the act would apply to pending MCI appeals. The absence of such express statements with respect to pending MCI appeals indicated that HSTPA wasn't intended to apply to such cases. HSTPA specifically stated that only certain revised provisions on collectability applied to MCI rent increases. 

Victoria House Tenants Association: DHCR Adm. Rev. Docket No. EP410025RT (10/29/20) [2-pg. doc.]