MAJOR CAPITAL IMPROVEMENTS

Landlord Didn't Prove Useful Life Waiver Should Apply to Elevator Upgrade MCI

May 22, 2023    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the DHCR had issued a prior MCI rent increase in 2008 for elevator upgrading that was still within...

Landlord Cleared Building Violations Before MCI Increase Was Granted

April 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof, parapet walls, entrance door, and intercom. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that there were...

Landlord Had No Explanation for Delay in Obtaining Government Sign-Off for Rewiring Work

April 23, 2023    

Nassau County landlord applied to the DHCR for MCI rent hikes based on rewiring. The DRA denied the application as untimely. The application was filed on June 14, 2019, more than two years after the work was...

Landlord's MCI Application Denied as Untimely

April 23, 2023    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that landlord's application was untimely. Landlord appealed and lost. Landlord claimed that its application...

Landlord Sufficiently Documented Costs of Separate Concrete Layers to Prove Resurfacing Work Wasn't Duplicated

April 21, 2023    

Landlord applied for MCI rent hikes based on concrete resurfacing with related engineering services. The DRA ruled for landlord in part but excluded costs of certain items of work that were deemed ineligible....

Violations Resolved Before MCI Application Was Filed Were Irrelevant

April 21, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler/burner, asbestos removal, asbestos air monitor, boiler control system, and chimney. The DRA ruled for landlord. Tenant appealed...

Hallway Windows with Wired Glass Qualified as MCI

March 21, 2023    

Landlord applied for MCI rent hikes based on installation of new windows. The DRA ruled for landlord in part, but excluded the cost of new hallway windows based on a finding that those windows weren't fire rated...

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...