MCI Rent Hike Denied for Seven Apartments Only

LVT Number: #23543

Landlord applied for MCI rent hikes based on the installation of new windows building-wide. The DHCR ruled for landlord in part. No increase was allowed for seven apartments that had defective windows. Tenants appealed and lost. The court and appeals court found that the DHCR's decision to permit MCI increases for all the other apartments was reasonable. It was also reasonable that the DHCR exempted only those apartments identified by tenants as having defective windows.

Landlord applied for MCI rent hikes based on the installation of new windows building-wide. The DHCR ruled for landlord in part. No increase was allowed for seven apartments that had defective windows. Tenants appealed and lost. The court and appeals court found that the DHCR's decision to permit MCI increases for all the other apartments was reasonable. It was also reasonable that the DHCR exempted only those apartments identified by tenants as having defective windows.

219 East 69th Street Tenants Association v. DHCR: NYLJ, 7/11/11, p. 20, col. 6 (App. Div. 1 Dept.; Andrias, JP, Sweeny, Renwick, Freedman, Manzanet-Daniels, JJ)