No 1/40th Increase for New Roof and Oil Burner

LVT Number: 8384

Tenant complained of a rent overcharge. Landlord claimed it made improvements to the apartment, warranting a rent increase. The DRA ruled for tenant and ordered landlord to refund overcharges. Landlord appealed, still claiming he was entitled to a 1/40th rent increase for the installation of a new roof and oil burner. The DHCR ruled against landlord. These items weren't apartment improvements for which landlord could get an individual rent increase. They were MCIs made to the building.

Tenant complained of a rent overcharge. Landlord claimed it made improvements to the apartment, warranting a rent increase. The DRA ruled for tenant and ordered landlord to refund overcharges. Landlord appealed, still claiming he was entitled to a 1/40th rent increase for the installation of a new roof and oil burner. The DHCR ruled against landlord. These items weren't apartment improvements for which landlord could get an individual rent increase. They were MCIs made to the building. To get a rent increase from tenant for this work, landlord should have filed an MCI application for the whole building.

171 East 115th Street, Apt. 7: DHCR Adm. Rev. Dckt. No. BC 520356-RO (10/29/93) [3-page document]

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