DHCR Will Consider Denied MCI Application After Retroactive Rent Restoration Order Issued

Landlord applied for MCI rent hikes based on installation of a new security system and exterior door. The DRA ruled against landlord because a DHCR rent reduction order based on reduction in required services was in effect and landlord's application to restore rents had been denied. Landlord appealed, and the MCI application proceeding was reopened. Landlord had filed an Article 78 appeal of the order denying its rent restoration application. That proceeding was reopened and rent restoration was granted. The effective date of the rent restoration was Nov. 9, 2016, which was prior to the date that the DRA's order denying the MCI application was issued. So the DRA could re-examine landlord's MCI application and make a ruling on the merits.

Dorfman: DHCR Adm. Rev. Docket No. GR610002RP (10/31/18) [2-pg. doc.]