No Offset to MCI Rent Hike for Elevator Outage During Construction

The DRA granted landlord's application for MCI rent hikes based on elevator upgrading and an elevator bulkhead. Tenant appealed and argued that he should get a credit against the retroactive rent increase because the elevator was out of service for 14 months before the MCI was completed. The DHCR ruled against tenant. The law governing MCI rent increases has no provision for a negative charge during the period that tenants were inconvenienced during construction. Tenant could have filed a service reduction complaint and obtained a rent reduction if there was an unreasonable delay in construction that reduced elevator service.

75 Baxter Street: DHCR Adm. Rev. Docket No. WA430014RT (7/12/13) [2-pg. doc.]