Tenant Not Exempt from Retroactive Portion of MCI Increase

LVT Number: 15996

Landlord applied for MCI rent hikes based on new windows, exterior restoration, engineering consultation and scaffolding. The DRA ruled for landlord, and tenant appealed. Tenant claimed that he should have been included in a group of tenants who were exempt from the retroactive portion of the MCI increase due to window defects. Tenant claimed he was away for an extended period at the time of the DHCR inspections. The DHCR ruled against tenant. Tenant made no arrangements for his apartment to be inspected when others did so. He can't get the benefit of the exemption now.

Landlord applied for MCI rent hikes based on new windows, exterior restoration, engineering consultation and scaffolding. The DRA ruled for landlord, and tenant appealed. Tenant claimed that he should have been included in a group of tenants who were exempt from the retroactive portion of the MCI increase due to window defects. Tenant claimed he was away for an extended period at the time of the DHCR inspections. The DHCR ruled against tenant. Tenant made no arrangements for his apartment to be inspected when others did so. He can't get the benefit of the exemption now.

DHCR Admin. Rev. Dckt. No. QB410088RT (7/12/02) [2-pg. doc.]

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