Tenants in Reregulated Building Were Subject to MCI Rent Hikes

The DRA granted landlord's rent increase application based on window replacement. Landlord appealed and won. Landlord claimed that the list of affected apartments should be amended to include those apartments initially shown on landlord's MCI application as deregulated, but which were subject to rent regulation based on the 2009 Court of Appeals decision in Roberts v. Tishman Speyer. The DHCR noted that its established policy was set forth in its publication J-51 Rent Registration Initiative -- FAQs (question No. 10) (found at www.nyshcr.org/Rent/J-51-FAQ.pdf). That document stated that apartments reregulated after the Roberts decision were subject to all MCI rent increases that were granted when those apartments were thought to have been deregulated. So the MCI increases granted applied to those apartments as well even if, as tenants argued, they didn't have notice and the opportunity to object before the DRA. [Download PDF of decision here.]

Clermont York Associates/Clermont Tenants Association: DHCR Adm. Rev. Docket Nos. BO410034RO, BP410039RT (12/7/18) [3-pg. doc.]