MCI Increase Granted for New Gas Piping

Landlord applied to the DHCR for MCI rent hikes based on installation of gas piping. The DRA ruled for landlord and increased tenants' rents. Tenants appealed and lost. Some tenants claimed that they hadn't received notice from the DHCR of landlord's application. But the DHCR's records showed that notices were mailed to tenants on Feb. 19, 2020. There was no evidence that any of the tenant notices were returned to the DHCR and under established principles of law, an article that was mailed to the proper address is presumed to have been received. Tenants also claimed that landlord wasn't maintaining services in apartments and/or the building. But no claims were made regarding the mailboxes, gas-piping installation, gas shut-off, or electric burners despite tenants' having the opportunity to do so. A party can't raise issues for the first time in a PAR that weren't raised below.

Various Tenants of 720 W. 180th Street: DHCR Adm. Rev. Docket Nos. JR430004RT, JP430058RT (8/22/24)[2-pg. document]