Landlord Can Collect MCI Rent Increase While Building Gets J-51 Tax Benefits

Landlord applied for MCI rent hikes based on installation of a new intercom system. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the MCI was completed while the building received J-51 tax benefits, and that the DHCR had previously found fraud by landlord in connection with other renovations. The DHCR found that landlord submitted full documentation of the intercom work, and tenant submitted no proof of fraud by landlord. And landlord's application for, or receipt of, J-51 tax benefits didn't preclude landlord from receiving MCI rent increases.

McDevitt: DHCR Adm. Rev. Docket No. FT430033RT (5/8/19) [2-pg. doc.]