Rescinded DOB Stop-Work Order Doesn't Bar MCI Rent Hikes

July 31, 2011

LVT Number: #23524

Landlord applied for MCI rent hikes based on the installation of a new boiler, hot water heater, and electrical wiring, and building a boiler room. The DRA ruled against landlord because DOB had issued a stop-work order against the building based on possible structural instability. Landlord appealed and won. Although the DOB stop-work order issued on June 9, 2005, was in effect when landlord filed its MCI application, landlord later filed a certification of correction with DOB, and the stop-work order was lifted on Oct. 25, 2006.

Landlord applied for MCI rent hikes based on the installation of a new boiler, hot water heater, and electrical wiring, and building a boiler room. The DRA ruled against landlord because DOB had issued a stop-work order against the building based on possible structural instability. Landlord appealed and won. Although the DOB stop-work order issued on June 9, 2005, was in effect when landlord filed its MCI application, landlord later filed a certification of correction with DOB, and the stop-work order was lifted on Oct. 25, 2006. So landlord shouldn't be barred from collecting lawful MCI rent hikes.

1059 2nd Avenue: DHCR Adm. Rev. Docket No. UK410027RO (6/10/11) [4-pg. doc.]

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