MCI Increase for Half Screens on Windows Removed

LVT Number: #31223

Landlord applied for MCI rent hikes based on installation of apartment and common area windows and a CCTV security system. The DRA ruled for landlord and granted rent increases. Tenant appealed and won, in part. Tenant raised a valid claim that tenants should have received additional time from the DRA to respond to the MCI application. The DRA sent notice of landlord's application to tenants on June 21, 2016, and issued its order on July 26, 2016, despite several tenant requests for an extension of time to answer. So the DHCR considered claims raised for the first time on appeal.

Landlord applied for MCI rent hikes based on installation of apartment and common area windows and a CCTV security system. The DRA ruled for landlord and granted rent increases. Tenant appealed and won, in part. Tenant raised a valid claim that tenants should have received additional time from the DRA to respond to the MCI application. The DRA sent notice of landlord's application to tenants on June 21, 2016, and issued its order on July 26, 2016, despite several tenant requests for an extension of time to answer. So the DHCR considered claims raised for the first time on appeal. The DHCR removed the portion of the MCI rent increase allotted to half screens on all windows. Although landlord's contract listed the screens as part of the MCI, half screens were included in only 19 apartment windows out of the 199 total windows installed. Tenant's other claims had no basis and were dismissed. 

Reade: DHCR Adm. Rev. Docket No. ET210068RT (11/20/20) [3-pg. doc.]

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ET210068RT.pdf2.79 MB