DHCR Delayed Effective Date of MCI Rent Hikes

LVT Number: #29869

Landlord applied for MCI rent hikes based on compactor replacement. The DRA ruled for landlord, but landlord appealed, seeking modification of the order. The DRA ruled that Aug. 1, 2017, was the effective date of the MCI order because it was the first rent payment date following landlord's submission of a required statement from an architect or engineer that a hose bibb, floor drain, and operable sprinkler system existed in the compactor room.

Landlord applied for MCI rent hikes based on compactor replacement. The DRA ruled for landlord, but landlord appealed, seeking modification of the order. The DRA ruled that Aug. 1, 2017, was the effective date of the MCI order because it was the first rent payment date following landlord's submission of a required statement from an architect or engineer that a hose bibb, floor drain, and operable sprinkler system existed in the compactor room. Landlord claimed that it didn't submit such statement with its initial MCI application in December 2014 because it was based on written advice from a DHCR attorney in 2013 that this wasn't necessary. But the DRA had advised landlord that this letter was incorrect and had requested the statement from landlord several times while the MCI application was pending.

Samson Management LLC: DHCR Adm. Rev. Docket No. FT910013RO (11/16/18) [2-pg. doc.]

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