No Rent Hike for DOB Filing Fees or Project Administration Fees

LVT Number: #24852

Landlord applied for MCI rent hikes based on elevator upgrading. The DHCR ruled for landlord except that it disallowed any increase for the cost of DOB filings and inspection and other miscellaneous costs. Landlord appealed. The court ruled against landlord, but the appeals court sent the case back to the DHCR so that landlord could submit a more detailed breakdown of costs. After reconsideration, the DHCR again ruled against landlord. It's long-standing DHCR policy that filing fees for obtaining municipal permits don't qualify for inclusion in MCI increases.

Landlord applied for MCI rent hikes based on elevator upgrading. The DHCR ruled for landlord except that it disallowed any increase for the cost of DOB filings and inspection and other miscellaneous costs. Landlord appealed. The court ruled against landlord, but the appeals court sent the case back to the DHCR so that landlord could submit a more detailed breakdown of costs. After reconsideration, the DHCR again ruled against landlord. It's long-standing DHCR policy that filing fees for obtaining municipal permits don't qualify for inclusion in MCI increases. Tenants also shouldn't be responsible for the project administration costs claimed by landlord. These items were properly disallowed.

96-02 57th Avenue: DHCR Adm. Rev. Docket No. BM110002RP (4/26/13) [2-pg. doc.]

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