Tenant Can't Seek Exemption from MCI Rent Hike for First Time on Appeal

Landlord applied for MCI rent hikes based on roof and/or facade work. The DRA ruled for landlord but exempted four apartments from any rent increase due to water leaks and damage to walls and ceilings. A fifth tenant appealed and argued that his apartment also had water leaks, ceiling and wall damage, as well as asbestos in the kitchen floor.

The DHCR ruled against tenant. Tenant claimed that the DRA should have inspected the apartment. But the DHCR isn't required to conduct inspections; the DRA can perform them at its discretion. Tenant didn't claim any defects in his apartment while the case was pending before the DRA. So there was no reason the DRA should have ordered inspection of tenant's unit. The DHCR can't consider this claim for the first time on appeal.

Browne: DHCR Adm. Rev. Docket No. GR310026RT (3/2/22)[2-pg. document]