Stop-Work Order Bars MCI Rent Hike

Landlord applied for MCI rent hikes based on the installation of a new boiler. The DRA ruled against landlord, who appealed and lost. It's long-standing DHCR policy that no MCI application will be approved if there's a DOB Stop-Work Order (SWO) in effect, regardless of whether the SWO is related to the MCI. Landlord claimed that the SWO was rescinded before the DRA ruled on its MCI application. But landlord had submitted a DOB printout showing only that a complaint was resolved and a violation and SWO were issued, not that the SWO was rescinded. Landlord submitted no other documentation showing that the SWO had been rescinded.

166 Second Avenue: DHCR Adm. Rev. Docket No. WF430025RO (6/28/13) [1-pg. doc.]