MCI Work Done in Response to Building Violations Still Qualified for Rent Increases

LVT Number: #32938

Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing. The DRA ruled for landlord. Several tenants appealed and lost. Tenants claimed that the work performed was to correct two violations issued by ECB and therefore the work didn't qualify for MCI rent increases. The DHCR disagreed. The scope of work performed met the criteria of work for which an MCI rent increase was warranted, and wasn't vitiated by the claim that the work was done in response to violations. Tenants didn't otherwise complain about the work itself. 

Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing. The DRA ruled for landlord. Several tenants appealed and lost. Tenants claimed that the work performed was to correct two violations issued by ECB and therefore the work didn't qualify for MCI rent increases. The DHCR disagreed. The scope of work performed met the criteria of work for which an MCI rent increase was warranted, and wasn't vitiated by the claim that the work was done in response to violations. Tenants didn't otherwise complain about the work itself. 

Various Tenants of 571 West 215th Street: DHCR Adm. Rev. Dckt. Nos. KP410033RT, KQ410001RT, KS410001RT (10/6/23)[2-pg. document]

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