Owner of Co-op Apartments Can File MCI Application

Landlord co-op apartment owner applied for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't own the building and therefore had no standing to file for MCI increases. The DHCR ruled against tenant. The Rent Stabilization Code defines "owner" to include proprietary lessees of cooperative apartments. It is DHCR policy to require the cooperative corporation that owns the building to file MCI applications when there are many proprietary lessees who own individual apartments. But when a single entity, like landlord in this case, owns all of the unsold shares, it can file the MCI application.

3810 Greystone Avenue: DHCR Adm. Rev. Docket No. VA630062RT (7/5/07) [2-pg. doc.]