Landlord No Longer Entitled to MCI Application for Group Work

Landlord applied for MCI rent hikes in 2018 based on new windows, water service repiping, and kitchen and bathroom modernization work. The DRA ruled for landlord in part but, since its order was issued after June 14, 2019, it denied the portion of landlord's MCI application based on "group work" in the kitchens and bathrooms in accordance with changes to the law enacted by HSTPA. Landlord appealed and lost. The DHCR noted that Part K of HSTPA concerning MCIs took effect "immediately."Since Part K didn't say it applied only to MCI proceedings commenced on or after HSTPA's effective date, the DRA properly applied the new law provisions to the pending application as yet undecided on June 14, 2019.  And, even if, as landlord argued, the DRA took undue time to decide landlord's MCI application, landlord didn't show that the DRA engaged in any unnecessary or unduly lengthy processing of landlord's application.

1136 Sherman Avenue LLC: DHCR Adm. Rev. Docket No. IP630004RO (3/24/23)[2-pg. document]