MCI Increase Denied Due to 1983 HPD Vacate Order That Wasn't Cleared

Landlord applied for MCI rent hikes in 2018 based on installation of a boiler, a main entrance door, intercom, security system, and hallway floor replacement. The DRA ruled against landlord due to an outstanding open Class I HPD "Order to Repair/Vacate" that had been pending against the building since 1983.

Landlord appealed and lost. Landlord claimed that the violation was cured in 1999. But the violation remained open on HPD's website. The DRA notified landlord several times while its MCI application was pending that the violation must be cleared in order to get approval for the MCI increase, and landlord therefore was sufficiently advised of the need to clear the violation. While the DRA has discretion to hold an MCI rent increase application in abeyance for a reasonable period of time, it won't do so ad infinitum if landlord is unable to provide proof that the violation had been cleared.

Underhill Avenue Associates LLC: DHCR Adm. Rev. Docket No. IQ210002RO (8/31/23)[3-pg. document]