Portion of MCI Cost Allotted to Commercial Space Now Calculated by Square Footage

May 31, 2007

LVT Number: 19638

Landlord applied for MCI rent hikes based on installation of new windows, roof, intercom, entrance doors, and rewiring. The DRA ruled for landlord. Tenant appealed, claiming that the rent increase was calculated differently than estimated in landlord's 2004 application. The DHCR ruled against tenant. In October 2005, Rent Stabilization Code Section 2522.4(a)(16) and New York City Rent and Eviction Regulations Section 2202.4(c)(5) were amended so that the portion of MCI costs allotted to commercial space in a building is calculated using square footage.

Landlord applied for MCI rent hikes based on installation of new windows, roof, intercom, entrance doors, and rewiring. The DRA ruled for landlord. Tenant appealed, claiming that the rent increase was calculated differently than estimated in landlord's 2004 application. The DHCR ruled against tenant. In October 2005, Rent Stabilization Code Section 2522.4(a)(16) and New York City Rent and Eviction Regulations Section 2202.4(c)(5) were amended so that the portion of MCI costs allotted to commercial space in a building is calculated using square footage. This change in the calculation method applied to all pending MCI applications.

1578 York Avenue: DHCR Adm. Rev. Docket No. UD410066RT (1/3/07) [3-pg. doc.]

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