Increase Revoked After Facade Collapsed

June 30, 2000

LVT Number: 14216

Landlord applied for MCI increases based on building facade restoration. The DRA ruled for landlord, and tenants appealed. While tenants' PAR was pending, the building facade collapsed. The DHCR ruled for tenants and revoked the MCI increase. Landlord appealed and lost. The DHCR's decision was consistent with MCI rules. The DHCR wasn't barred from considering the fact that the facade collapsed, even if this happened after the MCI work was done and after the DRA issued its ruling.

Landlord applied for MCI increases based on building facade restoration. The DRA ruled for landlord, and tenants appealed. While tenants' PAR was pending, the building facade collapsed. The DHCR ruled for tenants and revoked the MCI increase. Landlord appealed and lost. The DHCR's decision was consistent with MCI rules. The DHCR wasn't barred from considering the fact that the facade collapsed, even if this happened after the MCI work was done and after the DRA issued its ruling.

Clermont York Assocs. v. Lynch: 707 NYS2d 44 (App. Div.1 Dept. 2000; Rosenberger, JP, Williams, Tom, Mazzarelli, JJ)

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