MAJOR CAPITAL IMPROVEMENTS

Boiler Heat Timer Control Didn't Qualify as MCI

October 22, 2018    

Landlord applied for MCI rent hikes based on the installation of a heat timer control on a building's boiler. The DRA ruled against landlord, who appealed and lost. The replacement only of the boiler control...

Landlord Didn't Get Waiver of Useful Life Requirement for Boiler

October 22, 2018    

Landlord applied to the DHCR for MCI rent hikes based on the installation of a boiler and chimney blockage. The DRA ruled against landlord, who appealed and lost. Landlord obtained a prior MCI rent increase in 2002...

Landlord Proves It Didn't Claim DOB Filing Fees as Part of MCI Cost

October 22, 2018    

Landlord applied for MCI rent hikes based on improvements to the building's underground garage roof and surface parking lot. The DRA ruled for landlord in part but disallowed some claimed costs. Landlord appealed...

MCI Rent Hike Delayed to Date that "C" Violation Was Cleared

September 24, 2018    

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenants).

Landlord applied for MCI rent hikes...

No MCI Rent Hike for Engineering Consulting Fees

September 15, 2018    

Landlord applied for MCI rent hikes based on the installation of new central air conditioning equipment. The DRA ruled for landlord, but disallowed costs associated with a consulting engineer. Landlord appealed and...

Cosmetic Work to Modernize Vestibule Didn't Qualify as MCI

August 14, 2018    

Landlord applied for MCI rent hikes based on elevator upgrading, a new elevator cab, new entrance and vestibule doors, parking lot asphalt, and a parking lot sub-base. The DRA ruled for landlord in part but denied...

Outstanding "C" Violation Barred MCI Rent Hike for One Apartment Only

July 27, 2018    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

MCI Increase Revoked Because Penthouse Roofs Not Replaced

July 27, 2018    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

The DRA granted landlord's...

Portion of MCI Costs Paid by Co-op Sponsor Disallowed from Rent Hikes

July 27, 2018    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

Effective Date of MCI Rent Hike Delayed Until HPD Clears Violations

July 18, 2018    

The DRA granted landlord's application for MCI rent hikes for pointing and roof installation but delayed the effective date to Jan. 1, 2016, after all "C" violations for lead paint were removed from HPD...

Elevator Upgrade Qualifies as MCI Even If Done to Replace Broken Elevator

July 18, 2018    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord. Tenant appealed and lost. Tenant pointed out that the elevator broke in 2015 and wasn't working for six months before...

MCI Rent Hike Collectibility, Not Increase Itself, Limited to 6 Percent of Tenant's Rent

July 18, 2018    

The DRA granted landlord's application for MCI rent hikes based on the installation of new boiler/burners. Rent-stabilized tenant appealed and lost. Tenant argued that the rent increase violated DHCR policy...