MAJOR CAPITAL IMPROVEMENTS

New Burner Was Required by Law Before Useful Life of Old Burner Expired

March 21, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler and burner. The installation involved a conversion of the building's heating system from #6 fuel oil to #2 fuel oil and gas....

Landlord Properly Treated Den as a Sixth Room in Apartment

February 21, 2023    

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord and increased tenants' rents. One tenant appealed, claiming that the DRA incorrectly found that his unit had six...

DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable

January 30, 2023    

(Decision submitted by Michele McGuinness, Esq. of the Manhattan Law Firm of Collins, Dobkin & Miller, attorneys for the tenants.)

Stucco Stonework Qualified as Part of Approved MCI for Pointing

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on pointing and related architect fees. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that stucco stonework performed at the building,...

Installation of New Floors in Building's Public Areas Qualified as an MCI

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of public area floors on a building-wide basis. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the installation of new...

Useful Life of Prior Mixed Wood-Aluminum Windows Had Expired

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of new windows. After the DRA ruled for landlord in 2011, tenants appealed and lost. Tenants claimed that the useful life of the prior windows...

MCI Rent Increase Order Not Affected by DOB Stop-Work Order Issued Later

January 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on the installation of building-wide rewiring. The DRA ruled for landlord, and tenants appealed. Tenants claimed that some of the room counts listed in landlord...

Landlord Cost for Gas Re-Piping MCI Was Lower Than DHCR's Reasonable Cost Limit

January 23, 2023    

The DHCR's Rent Administrator granted landlord's application for MCI rent hikes based on building-wide gas re-piping. Tenants appealed and lost. Tenants claimed that the cost for the work claimed by landlord...

HSTPA Lawfully Reduced the Amount of Permissible MCI Rent Hikes While Landlord's Application Pending

January 23, 2023    

Landlord applied for MCI rent hikes on March 29, 2019, based on exterior building restoration work. The DRA ruled for landlord. However, because the HSTPA amended the rent stabilization and rent control laws...

HSTPA Now Bars MCI Rent Hikes If 35 Percent or Fewer Apartments in Building Are Rent Regulated

January 23, 2023    

Landlord applied for MCI rent hikes based on installation of windows and an intercom system. The DRA ruled against landlord because the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent...

Reduced MCI Rent Hikes Mandated by HSTPA Were Correctly Applied to Landlord's Application

December 19, 2022    

Landlord applied for MCI rent hikes in January 2019 based on elevator upgrading. The DRA ruled for landlord in October 2019. The DRA applied provisions concerning MCI rent hikes contained in HSTPA, which amended the...

No MCI Increase for Conversion to No. 4 Fuel Oil

December 19, 2022    

Landlord applied for MCI rent hikes based on installation of a new fuel oil tank and fuel line. The DRA ruled against landlord, finding that the work was an interim repair rather than a building-wide improvement....