Rent Hike for Bathroom Modernization Granted Even Though Tenants Denied Access

The DRA granted landlord’s MCI rent increase application based on bathroom modernization. Tenant appealed and lost. Tenant claimed that the bathroom modernization wasn’t performed in her apartment. She said that since the bathroom and plumbing in her apartment were in good condition, landlord agreed not to replace them and made tenant sign a document declining the work. Landlord pointed out that tenant denied access for the bathroom replacement and that it remained ready to replace tenant’s bathroom as soon as access was provided. The DHCR noted that tenant responded to the MCI application, admitting that she declined the bathroom modernization. This didn’t exempt her from the MCI rent hike and tenant should provide access for landlord to complete the work. Tenant also claimed that the bathroom had been modernized 10 years before the MCI was performed, but there was no prior MCI application filed for any bathroom work. Tenant also claimed that the bathroom modernization was an individual apartment improvement. But it was the DHCR’s established position that this work was an MCI. The fact that three of the building’s 17 rent-stabilized tenants denied access for the work wasn’t grounds to deny the MCI rent hike. [PDF of decision is available here.]

Heredia: DHCR Adm. Rev. Docket No. DP430034RT (1/31/17) [2-pg. doc.]