MCI Kitchen Upgrades Didn't Reduce Apartment Sizes

Landlord applied for MCI rent hikes based on repiping, including gas risers, as well as kitchen and bathroom upgrades. The DRA ruled for landlord. Tenants appealed and lost. They claimed that the work was defective and unworkmanlike, that the MCIs weren't properly documented, and that two investigatory proceedings by the DHCR concerning other buildings should prohibit the MCI increases. Some tenant complaints concerned conditions unrelated to the MCI work or dissatisfaction with the design of the installed fixtures. Neither of these claims was a basis to deny the MCI increases, and DHCR inspection found no proof that the size of the kitchens were reduced as a result of the upgrades. Tenants also didn't complain about the repiping before the DRA. Investigatory proceedings pertaining to other buildings under different ownership were totally unrelated to the MCIs and irrelevant. [Download PDF of decision here.]

The Legal Aid Society & Legal Services NYC: DHCR Adm. Rev. Docket No. GM610008RT (12/27/18) [3-pg. doc.]