MCI Rent Hikes Amortized over 108 Months for Building Complex

LVT Number: #28682

Landlord of a 10-building complex applied to the DHCR for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord and directed that the MCI rent increases be amortized over 108 months. Landlord appealed and lost. Landlord argued that the MCI rent increases should be amortized over 96 months instead of 108 months since the roof installation serviced 10 different buildings, eight of which contained fewer than 35 apartments. But the DHCR noted that the work was installed under a single contract benefitting 167 apartments at the building complex.

Landlord of a 10-building complex applied to the DHCR for MCI rent hikes based on the installation of a new roof. The DRA ruled for landlord and directed that the MCI rent increases be amortized over 108 months. Landlord appealed and lost. Landlord argued that the MCI rent increases should be amortized over 96 months instead of 108 months since the roof installation serviced 10 different buildings, eight of which contained fewer than 35 apartments. But the DHCR noted that the work was installed under a single contract benefitting 167 apartments at the building complex. Therefore, the DRA correctly amortized the MCI rent increases over 108 months, as required for buildings with more than 35 housing accommodations.

Eastchester Heights LP: DHCR Adm. Rev. Docket Nos. EW610022RO, EW610046RO-EW610048RO, EW610051RO-EW610055RO (8/16/18, 8/17/18, 8/27/18) [9-pg. doc.]

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