Start Date of MCI Increase Delayed 9 1/2 Years

Landlord applied for MCI rent hikes based on repiping and bathroom/kitchen modernization. The DRA ruled for landlord in 2006 and granted the rent increases. Some tenants appealed, and the DHCR revoked the MCI increase in 2014 because there were HPD “C” violations pending against the building. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was arbitrary and unreasonable because it was based on issues not raised before the DRA and because the DHCR delayed processing of tenants' PARs for so long. The DHCR agreed to take the case back for reconsideration. Landlord pointed out that tenants had not raised any claim of violations before the DRA and that landlord had submitted all requested documentation concerning violations. The DHCR then ruled for landlord in part, restoring the MCI rent increase but changing the effective date of the increase from July 1, 2005, to Jan. 1, 2015, because landlord didn’t submit proof of removal of a lead paint violation from HPD’s database until November 2014.  

230 East 167th Street: DHCR Adm. Rev. Docket No. TC610129OM (4/22/15) [3-pg. doc.]