Loft Building Was Rent Stabilized by Time MCI Application Was Filed

Landlord applied for MCI rent hikes based on exterior restoration, installation of a roof water tank, and a sidewalk bridge. The DRA ruled against landlord because the work was done while the building was under the NYC Loft Board’s jurisdiction. Landlord appealed, arguing that the work was done after the building received its Certificate of Occupancy in 2006, that the work had nothing to do with building legalization, and that the building was subject to rent stabilization when the MCI application was filed. The DHCR ruled for landlord and reopened the case. The Loft Board’s March 2012 order clearly showed that the building became subject to DHCR jurisdiction by the time landlord filed its MCI application in August 2012.

JR Building Associates: DHCR Adm. Rev. Docket No. CT410041RO (2/17/17) [2-pg. doc.]