Later HPD Violations Didn't Retroactively Bar MCI Increases

Landlord applied for MCI rent hikes based on gas and water repiping. The DRA ruled for landlord, and tenants appealed. Tenants claimed that landlord's costs weren't sufficiently proven and that a DHCR building-wide rent reduction order barred the MCI increase. The DHCR ruled against tenants. Landlord submitted all required documentation proving the work performed and its cost. The rent reduction order in question wasn't issued until after the DRA granted the MCI application, so it didn't bar the MCI rent hikes. Tenants also claimed that HPD violations indicated there was continuing leaking after the repiping. But DOB had signed off on landlord's installation and the HPD violations were issued after the MCI rent hikes were granted. Tenants made no claim of immediately hazardous violations while landlord's application was pending before the DRA.

900 Riverside Drive: DHCR Adm. Rev. Docket No. XD430030RT (11/29/13) [2-pg. doc.]