NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Pointing and Waterproofing Work Was Distinct from Prior Pointing Work

September 26, 2022    

Landlord applied for MCI rent hikes. The DRA ruled for landlord based on installation of a new roof, scaffolding, pointing, waterproofing, and lintels. Tenants appealed and lost. Tenants claimed that the MCI costs...

New Sidewalks, Vault Repairs, and Garage Ramp Not Eligible for MCI Rent Hikes

September 14, 2022    

(Decision submitted by David Hershey-Webb, Esq., of the Manhattan law firm of Himmelstein McConnell Gribben & Joseph LLP, attorneys for the tenants.)

MCI Rent Hike Granted for Asbestos Removal Related to Roof Replacement

September 14, 2022    

Landlord applied for MCI rent hikes based on installation of a new roof, asbestos removal, air monitoring, and placement of a sidewalk bridge during the work. The DRA ruled for landlord and increased tenants'...

Landlord Properly Cleared "C" Violations on Record

September 14, 2022    

Landlord applied for MCI rent hikes based on installation of apartment doors, asbestos abatement, a new burner, entrance doors, plumbing, pointing, and a new roof. The DHCR ruled for landlord.

No Useful Life Requirement Prevented MCI Rent Hike If No Prior Hike Was Granted

September 14, 2022    

The DHCR's DRA granted landlord's application for MCI rent hikes based on gas re-piping. Tenant appealed and lost. Tenant claimed that landlord's application stated that the existing gas piping was 20...

No MCI Increase for Elevator Upgrade

September 14, 2022    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, who appealed and lost. The elevator upgrade was performed before the 25-year useful life of the prior...

Garage Roof Replacement Qualified as an MCI

September 14, 2022    

Landlord applied for an MCI rent increase based on installation of a garage roof. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord had been negligent in maintaining the garage and...

DHCR Didn't Delay Processing Landlord's Deregulation Application

August 22, 2022    

Landlord applied in May 2018 for high-rent/high-income deregulation of tenant's rent-stabilized apartment based on contested household income for the years 2016 and 2017. The DRA denied landlord's application...

Receipt of J-51 Tax Benefits for MCIs Reduces MCI Rent Hike While J-51 in Effect

August 22, 2022    

The DRA granted landlord's application for MCI rent hikes in 2014, with an approved rent increase of $9.45 per room effective Oct. 1, 2013, for rent-stabilized apartments and Feb. 1, 2014, for rent-controlled...

Rewiring Work Done on Piecemeal Basis Didn't Qualify as MCI

August 22, 2022    

Landlord applied for MCI rent hikes based on rewiring with related wall repairs and an installation of a new chimney stack. The DRA ruled against landlord, who appealed and lost. The rewiring work wasn't done as...

Garage Roof Unattached to Residential Building Didn't Qualify as MCI

August 22, 2022    

Landlord applied to the DHCR for MCI rent hikes based on installation of a boiler/burner, courtyard and walkways, waste compactor, TV/security camera system, and a garage roof and door. The DRA ruled for landlord in...

Landlord Didn't Submit Sufficient Proof of Ability to Finance Demolition Project

August 22, 2022    

Landlord asked the DHCR for permission to refuse renewal of a rent-stabilized lease and proceed for eviction based on its application for approval of building demolition under RSC Section 2524.5(a)(2) and DHCR...