No Rent Hike for Handicap Ramp Without Submission of Disabled Tenant List

Landlord applied for MCI rent hikes based on a number of improvements. The DRA granted landlord's application for rent increases based on doors, locks, and cylinders but denied any rent increase for the temporary relocation and reinstallation of mailboxes, as well as for a handicap ramp and concrete work installation with all related work. Landlord appealed and lost. The DRA had asked landlord for a list of handicapped tenants at the building. Landlord argued that the fair housing laws forbade landlord from requesting disability information from tenants and therefore it didn't have a list to give the DRA. But the DRA properly requested a list of handicapped tenants from landlord to show that the building housed physically handicapped tenants and that landlord therefore had made the installation to comply with applicable law. Since landlord failed to provide a list of handicapped tenants, the work couldn't qualify as an MCI.

1230 Avenue X: DHCR Adm. Rev. Docket No. ZI210062RO (8/15/13) [2-pg. doc.]