MCI Rent Hike for Exterior Restoration Revoked

LVT Number: #23506

Landlord applied for MCI rent hikes based on exterior restoration work. The DHCR ruled for landlord, except that tenant apartments that had water damage related to the exterior restoration were exempted from the rent increase until repairs were completed. Tenants appealed, claiming that the DHCR's decision was unreasonable. The court ruled for tenants and sent the case back for further consideration. The DHCR then ruled for tenants and revoked the MCI rent hikes for all 72 tenants. Inspection showed that there was water damage in the walls of 10 apartments.

Landlord applied for MCI rent hikes based on exterior restoration work. The DHCR ruled for landlord, except that tenant apartments that had water damage related to the exterior restoration were exempted from the rent increase until repairs were completed. Tenants appealed, claiming that the DHCR's decision was unreasonable. The court ruled for tenants and sent the case back for further consideration. The DHCR then ruled for tenants and revoked the MCI rent hikes for all 72 tenants. Inspection showed that there was water damage in the walls of 10 apartments. This represented 14 percent of the apartments and showed that the work, completed in 1999, wasn't sufficient to keep the building free from water seepage. In one apartment the water damage was severe.

20 5th Avenue: DHCR Adm. Rev. Docket No. ZA430011RP (6/30/11) [6-pg. doc.]

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