No Commercial Tenant Allocation for MCI Increase Was Required

Landlord applied for MCI rent hikes based on a number of installations. The DRA ruled for landlord and granted rent increases based on elevator upgrading and electrical work, house tank replacement, entrance/lobby door intercom, and TV/security system installation. Tenants appealed and lost. Among other things, tenants complained that no commercial allocation of a portion of the MCI costs was made for the intercom. But the DRA didn't apportion any of the intercom cost to the building's commercial tenants because the intercom was installed exclusively for the 120 residential apartments in the building. Since the commercial tenants didn't benefit from the intercom installation, no commercial cost allocation was warranted. [Download PDF of decision here.]

141 East 33rd Street Tenants Association: DHCR Adm. Rev. Docket No. AR410053RT (1/23/19) [2-pg. doc.]