New Method of Allocating Commercial Tenant's Store Space Applied

LVT Number: 18951

Landlord applied for MCI rent hikes based on various improvements. The DRA ruled for landlord. Landlord requested reconsideration and asked the DRA to recalculate the commercial share of the MCI cost based on square footage, instead of on the rent roll, under the DHCR's recent policy change. The DRA ruled against landlord. Landlord appealed and won. The Rent Stabilization Code was amended while landlord's PAR was pending to apply DHCR's change in policy. Landlord was entitled to recalculation of the MCI rent hike under the new method.

Landlord applied for MCI rent hikes based on various improvements. The DRA ruled for landlord. Landlord requested reconsideration and asked the DRA to recalculate the commercial share of the MCI cost based on square footage, instead of on the rent roll, under the DHCR's recent policy change. The DRA ruled against landlord. Landlord appealed and won. The Rent Stabilization Code was amended while landlord's PAR was pending to apply DHCR's change in policy. Landlord was entitled to recalculation of the MCI rent hike under the new method.

175 W. 72nd St.: DHCR Adm. Rev. Dckt. No. TI430063RO (5/12/06) [6-pg. doc.]

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