MAJOR CAPITAL IMPROVEMENTS

Court Rules DHCR's Application of HSTPA Amendments to Pending MCI Applications Was Improper

July 26, 2023    

(Decision submitted by David B. Cabrera and Phillip Billet of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

No MCI Increase for Two Apartments with Leaks Following Pointing Work

July 24, 2023    

Landlord applied for MCI rent hikes based on pointing, related work, and engineering services. The DRA ruled for landlord. Tenants appealed and won, in part. Among other things, tenants claimed that the MCI work was...

Landlord Proved It Obtained DOB Approval for Elevator Upgrading

July 24, 2023    

Landlord applied for MCI rent hikes based on elevator upgrading and installation of elevator shaft steel, elevator bulkhead/roof/interior, elevator wiring, and a TV/security system. Tenants appealed and lost.

Landlord Properly Applied MCI Rent Increase Approved by DHCR

June 28, 2023    

Rent-stabilized apartment tenants sued landlord claiming that landlord sought improper application of MCI rent hikes granted by the DHCR. The court denied tenants' request for a ruling in their favor without...

Cost of Hot Plates Provided to Tenants During Gas Re-piping Removed from MCI Costs

June 27, 2023    

Landlord applied for MCI rent hikes based on gas re-piping. The DRA ruled for landlord. Tenants appealed and won, in part. Among other things, tenants pointed out that landlord had provided hot plates to tenants...

MCI Increase Reduced by Cost of Elevator Controller and Selector Included in Prior MCI Increase

May 22, 2023    

Landlord applied to the DHCR for rent hikes based on elevator and elevator room installation. The DRA ruled for landlord.

Landlord Didn't Prove Useful Life Waiver Should Apply to Elevator Upgrade MCI

May 22, 2023    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the DHCR had issued a prior MCI rent increase in 2008 for elevator upgrading that was still within...

Landlord Cleared Building Violations Before MCI Increase Was Granted

April 23, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof, parapet walls, entrance door, and intercom. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that there were...

Landlord Had No Explanation for Delay in Obtaining Government Sign-Off for Rewiring Work

April 23, 2023    

Nassau County landlord applied to the DHCR for MCI rent hikes based on rewiring. The DRA denied the application as untimely. The application was filed on June 14, 2019, more than two years after the work was...

Landlord's MCI Application Denied as Untimely

April 23, 2023    

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, finding that landlord's application was untimely. Landlord appealed and lost. Landlord claimed that its application...

Landlord Sufficiently Documented Costs of Separate Concrete Layers to Prove Resurfacing Work Wasn't Duplicated

April 21, 2023    

Landlord applied for MCI rent hikes based on concrete resurfacing with related engineering services. The DRA ruled for landlord in part but excluded costs of certain items of work that were deemed ineligible....

Violations Resolved Before MCI Application Was Filed Were Irrelevant

April 21, 2023    

Landlord applied to the DHCR for MCI rent hikes based on installation of a new boiler/burner, asbestos removal, asbestos air monitor, boiler control system, and chimney. The DRA ruled for landlord. Tenant appealed...