No MCI Rent Hike for Piecemeal Facade Work

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, who represented the tenants.)

Landlord applied for MCI rent hikes based on facade restoration. The DRA ruled for landlord and denied tenants' PAR. Tenants then filed an Article 78 court appeal, claiming that the DHCR's decision was unreasonable. They argued that the work was done in a piecemeal fashion. The court sent the case back to the DHCR for reconsideration, noting that the evidence in the DHCR's record supported tenants' claim. The DHCR then ruled for tenants and revoked the MCI increase. The DHCR pointed out that since the court had already determined that the MCI increase must be revoked, it was unnecessary to conduct further agency evaluation.

Clermont Tenants Association: DHCR Adm. Rev. Docket No. ZJ410009RP (3/19/13) [2-pg. doc.]