Tenant Must Pay MCI Rent Hike for Garage Door Even If He Doesn't Have Parking Space

The DRA granted landlord's application for MCI rent hikes based on the installation of a new garage door. Tenant appealed and lost. Tenant argued that he shouldn't have to pay any increase for the garage door since he didn't have an assigned parking space. But the DHCR noted that the garage was attached to and formed an extension of the building. And all parking spaces in the garage were assigned to tenants who lived in the building. Therefore, the garage door replacement qualified as an MCI and it didn't matter whether tenant utilized the garage. All rent-regulated tenants in the building were subject to the MCI rent increase.

James: DHCR Adm. Rev. Docket No. BP210053RT (3/2/17) [1-pg. doc.]