Qualifying MCI Work Need Not Be Performed to Entire Building Complex

LVT Number: #33060

Landlord of a large apartment complex containing 35 buildings applied to the DHCR for MCI rent hikes at 12 buildings, based on installation of new roofs, facade restoration, and related engineering fees. The DRA ruled for landlord. The Tenants Association appealed and lost. They argued that the MCI installations weren't complex-wide and therefore didn't qualify for rent increases. The DHCR found that tenants' claim was incorrect.

Landlord of a large apartment complex containing 35 buildings applied to the DHCR for MCI rent hikes at 12 buildings, based on installation of new roofs, facade restoration, and related engineering fees. The DRA ruled for landlord. The Tenants Association appealed and lost. They argued that the MCI installations weren't complex-wide and therefore didn't qualify for rent increases. The DHCR found that tenants' claim was incorrect. The Rent Stabilization Code permits landlords to file an MCI application to increase rents of a building or building complex where MCI work has been performed. There was no requirement to perform an MCI at all buildings in a multi-building complex. The MCI rent increases for the 12 buildings involved here were limited to tenants of those buildings. 

Phipps Garden Apartment Tenants Association: DHCR Adm. Rev. Docket No. LT130011RT (1/24/24)[4-pg. document]

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