MCI Rent Hike Granted for New Roof and Subroofing

Landlord applied for MCI rent hikes based on new roofing, new subroofing, removal of a front paneling cement board, and installation of front fascia panels. The DRA ruled for landlord. Tenants appealed, claiming that the DRA gave landlord a greater increase than landlord applied for. Tenants also argued that landlord didn't make a copy of the MCI application available for review in its office, that the subroofing benefitted only commercial tenants, and that the front veneer work was cosmetic and didn't qualify as an MCI. The DHCR ruled against tenants. Rent control regulations had been amended to provide for a square footage calculation of the MCI rent hike. And tenants hadn't raised their other claims before the DRA. So the DHCR couldn't consider these claims for the first time on appeal.

87-50 167th Street: DHCR Adm. Rev. Docket No. VB110055RT (6/20/08) [4-pg. doc.]