RENT HIKE DENIED

Landlord Can't Collect MCI Rent Hike from Tenant During Vacancy Lease Term

July 18, 2022    

The DHCR granted landlord's application for MCI rent hikes based on facade work. One tenant appealed, claiming that he wasn't subject to an MCI rent increase during the term of his vacancy lease, signed in...

Room Count Amended to Reflect Tenant's One-Room Apartment

June 13, 2022    

Landlord applied for MCI rent hikes based on elevator upgrading, elevator cab doors, and elevator motor room roof. The DRA ruled for landlord.

Tenant appealed, claiming that the room count for her apartment...

Landlord's Proof of Emergency Condition Didn't Warrant Useful Life Waiver

May 16, 2022    

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, finding that a prior MCI order had been granted for an elevator upgrade in 2005. Therefore, landlord hadn't...

Landlord Waited Too Long to File MCI Application

March 21, 2022    

Landlord applied to the DHCR for MCI rent increases based on installation of a boiler/burner. The DRA ruled against landlord, who appealed and lost. Rent Stabilization Code (RSC) Section 2522.4(a)(8) precludes an MCI...

Landlord Didn't Cure Rent Reduction Orders and "C" Violations

February 17, 2022    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord in 2014, finding that there was an outstanding DHCR rent reduction order in effect for failure to maintain building-wide...

No MCI Increase for Roof That Leaked

February 17, 2022    

Landlord applied for MCI rent hikes based on installation of a hot water heater supplier and installer, a burner, and a new roof. The DRA ruled for landlord in part, but denied any increase for the roof. The DHCR...

Landlord Didn't Respond to Notice of Amended Violation Provisions Added by HSTPA

January 24, 2022    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that landlord had failed to submit proof of all payments as well as proof of having resolved all...

No Second MCI Increase for Facade Work Within Useful Life of Prior Work

December 22, 2021    

The DHCR denied landlord's application for an MCI rent hike relating to pointing, waterproofing, and related facade work. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Boiler/Burner Conversion from Oil to Gas Wasn't an MCI

December 19, 2021    

The DRA granted landlord's application for MCI rent hikes based on installation of a new boiler/burner. Tenants appealed, claiming that landlord didn't replace the old boiler/burner. Instead, landlord...

Engineering and Expediting Fees Disallowed for Roof and Parapet Installation

October 26, 2021    

The DHCR's DRA granted landlord's application for MCI rent hikes based on installation of a new roof and parapets. But the DRA disallowed additional costs, including engineer's fees, expediting, and...

No MCI Increase Granted Where "C" Violation Not Cleared

October 26, 2021    

The DHCR's DRA denied landlord's application for MCI rent hikes based on installation of a burner. Landlord appealed and lost. Rent Stabilization Code Section 2522.4(a)(13), as amended in 2014 and in effect...

No Proof Gas Main Installation Work Was Within Property Line

October 26, 2021    

Landlord applied to the DHCR for MCI rent hikes based on installation of a burner and backflow preventer. The DRA ruled for landlord in part, but denied costs for a gas main installation. Landlord appealed and lost....