No Rent Hike for TV/Security System Not Monitored 24/7

The DRA granted landlord’s application for MCI rent hikes based on elevator upgrading and installation of a TV/security system but disallowed any increase for basement windows and basement window grills because they didn’t qualify as MCIs. Tenant appealed, claiming that the TV/security system didn’t qualify as an MCI. The DHCR ruled for tenant and revoked the MCI increase. The TV/security system installation didn’t qualify because the system wasn’t monitored 24/7 and tenants didn’t have access to a real-time image. DHCR inspection confirmed that the system was monitored by building staff only from 8 a.m. to 11 p.m. and wasn’t monitored when the staff left their post for any reason, including extended two-hour periods when staff removed garbage from the upper floors. Under DHCR policy, a television security system qualifies as an MCI only if all entrances to the building are monitored on a 24-hour basis, and there must be visual capacity in each apartment in connection with a functioning intercom system. 

Johnston: DHCR Adm. Rev. Docket No. BS430032RT (11/13/15) [2-pg. doc.]