No MCI Rent Hike Due to Rent Reduction Order

Westchester County landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, who appealed and lost. The DRA denied any increase because a building-wide rent reduction order was in effect. Landlord argued that, unlike the Rent Stabilization Code, the Tenant Protection Regulations (TPR) didn't bar granting an MCI increase because of an extant rent reduction order. Landlord also claimed that the conditions underlying the order were de minimis, or minor. But, contrary to landlord's claim, TPR Section 2502.4(d)(2)(ii) gave landlord the discretion to deny MCI rent hikes if landlord isn't maintaining all essential services or if there are violations on record. And if landlord believed that the conditions in question were de minimis, its remedy was to appeal the rent reduction order.

345 Main Street: DHCR Adm. Rev. Docket No. AR910004RO (2/21/13) [2-pg. doc.]