MAJOR CAPITAL IMPROVEMENTS

Pointing and Waterproofing Work Was Distinct from Prior Pointing Work

September 26, 2022    

Landlord applied for MCI rent hikes. The DRA ruled for landlord based on installation of a new roof, scaffolding, pointing, waterproofing, and lintels. Tenants appealed and lost. Tenants claimed that the MCI costs...

New Sidewalks, Vault Repairs, and Garage Ramp Not Eligible for MCI Rent Hikes

September 14, 2022    

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

MCI Rent Hike Granted for Asbestos Removal Related to Roof Replacement

September 14, 2022    

Landlord applied for MCI rent hikes based on installation of a new roof, asbestos removal, air monitoring, and placement of a sidewalk bridge during the work. The DRA ruled for landlord and increased tenants'...

Landlord Properly Cleared "C" Violations on Record

September 14, 2022    

Landlord applied for MCI rent hikes based on installation of apartment doors, asbestos abatement, a new burner, entrance doors, plumbing, pointing, and a new roof. The DHCR ruled for landlord.

No Useful Life Requirement Prevented MCI Rent Hike If No Prior Hike Was Granted

September 14, 2022    

The DHCR's DRA granted landlord's application for MCI rent hikes based on gas re-piping. Tenant appealed and lost. Tenant claimed that landlord's application stated that the existing gas piping was 20...

No MCI Increase for Elevator Upgrade

September 14, 2022    

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord, who appealed and lost. The elevator upgrade was performed before the 25-year useful life of the prior...

Garage Roof Replacement Qualified as an MCI

September 14, 2022    

Landlord applied for an MCI rent increase based on installation of a garage roof. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord had been negligent in maintaining the garage and...

Receipt of J-51 Tax Benefits for MCIs Reduces MCI Rent Hike While J-51 in Effect

August 22, 2022    

The DRA granted landlord's application for MCI rent hikes in 2014, with an approved rent increase of $9.45 per room effective Oct. 1, 2013, for rent-stabilized apartments and Feb. 1, 2014, for rent-controlled...

Rewiring Work Done on Piecemeal Basis Didn't Qualify as MCI

August 22, 2022    

Landlord applied for MCI rent hikes based on rewiring with related wall repairs and an installation of a new chimney stack. The DRA ruled against landlord, who appealed and lost. The rewiring work wasn't done as...

Garage Roof Unattached to Residential Building Didn't Qualify as MCI

August 22, 2022    

Landlord applied to the DHCR for MCI rent hikes based on installation of a boiler/burner, courtyard and walkways, waste compactor, TV/security camera system, and a garage roof and door. The DRA ruled for landlord in...

Landlord Can't Collect MCI Rent Hike from Tenant During Vacancy Lease Term

July 18, 2022    

The DHCR granted landlord's application for MCI rent hikes based on facade work. One tenant appealed, claiming that he wasn't subject to an MCI rent increase during the term of his vacancy lease, signed in...

Tenant Who Didn't Appeal MCI Rent Increase Order Can't Object to Its Modification

July 18, 2022    

The DHCR's Rent Administrator issued a modification order in connection with a previously granted MCI rent increase application due to the building's J-51 tax abatement. One tenant appealed and lost. Tenant...