Tenant's Appeal of MCI Rent Hike Filed Too Late

Landlord applied for MCI rent hikes based on the installation of a new intercom and rewiring to all apartments. The DRA ruled for landlord. Later, in a “Modification Order,” the DRA lowered the MCI rent increase because landlord had received a J-51 tax abatement for the work. Tenant appealed, claiming that the improvements weren’t made to his apartment. The DHCR ruled against tenant. Tenant never filed a PAR against the original order granting the MCI rent hike. Tenant can’t raise an issue about the MCI itself in the Modification Order, which merely reduced the amount of the permissible MCI rent increase.

18 Tiffany Place: DHCR Adm. Rev. Docket No. WH210009RT (11/14/08) [2-pg. doc.]