MCI Rent Hike Granted for Handicap Ramp

Landlord applied for MCI rent hikes based on the installation of a handicap ramp, related architect's fee, and DOB consultant's fee. The DRA ruled against landlord. Landlord appealed, arguing that it added the handicap ramp to accommodate a disabled tenant who lived in the building. Landlord did so in response to a request from the New York City Human Rights Commission, based on Title 8 of the City's Administrative Code requiring landlord to provide a reasonable accommodation to disabled tenant. The DHCR ruled for landlord in part. A building improvement made to comply with a specific requirement of law qualifies as an MCI. Landlord's handicap ramp therefore qualified. The DHCR also granted an MCI rent hike for the related architect's fee. But the DHCR disallowed any increase for the DOB consultant's fee, because this service wasn't needed to complete the installation. This service merely involved the filing of paperwork with DOB.

33-52 85th Street: DHCR Adm. Rev. Docket No. TE110078RO (2/6/08) [4-pg. doc.]