Rent Reduction Order in Effect

Landlord applied for MCI rent hikes based on repointing and replacement of gas piping. The DRA ruled against landlord because a building-wide rent reduction order based on reduction in services was in effect. Landlord appealed, arguing that the DRA should have delayed deciding landlord's MCI application or granted it conditionally so that landlord could collect the MCI rent hikes when services were restored. The DHCR ruled against landlord. The DRA had delayed ruling on landlord's MCI application while landlord's application to restore rents was pending. But landlord's application to restore rent was denied after an inspection showed that the condition for which rents were reduced hadn't been corrected. So landlord had been given a chance to restore services, and the MCI application was denied only after landlord didn't do so.

140 W. 55th St.: DHCR Adm. Rev. Dckt. No. TD430067RO (6/28/05) [2-pg. doc.]