George E. Pataki, Governor

                   A publication of New York State    
               Division of Housing and Community Renewal 
                      Office of Rent Administration

  Fact Sheet #11 - Rent Increases for Major Capital Improvements (MCI)
                             [Revised 11/96]
       

   When an owner makes an improvement or installation to a building subject to
   the rent stabilization or rent control laws, the owner may be permitted to
   increase the rent based on the actual, verified cost of the improvement or 
   installation.

   To qualify as an MCI, the improvement or installation must:

      1. be deemed depreciable under the Internal      
         Revenue Code other than for ordinary repairs;

      2. be for the operation, preservation 
         and maintenance of the building;

      3. directly or indirectly benefit all tenants; and,

      4. meet the requirements set forth in the
         Division of Housing and Community
         Renewal's (DHCR's) useful life schedule,      
         which is found in DHCR's Operational      
         Bulletin 90-2, "Useful Life Schedule for      
         Major Capital Improvements."

   To be eligible for a rent increase, the MCI must 
   be a new installation and not a repair to old 
   equipment. For example, an owner may receive an MCI 
   increase for a new boiler or a new roof but not for a repaired 
   or rebuilt one. Some procedures qualify as MCI's as 
   well, such as pointing and waterproofing. The New 
   York City Rent Stabilization Code (RSC) provides 
   that applications for MCI rent increases must be 
   filed within two years of the installation.

   When the owner submits an MCI rent 
   increase application to DHCR, DHCR notifies the tenants 
   and gives them an opportunity to submit objections to 
   the application. The owner may either keep a copy of 
   the application with supporting documentation on 
   the premises so that tenants can examine it or, a copy 
   with supporting documentation will be available 
   at DHCR for tenant review. The tenants' responses 
   are considered prior to a final determination.

   DHCR will issue an order either granting 
   an increase in whole or in part or denying the 
   increase. DHCR computes the rent increase for a rent 
   stabilized or rent controlled apartment based upon a 
   seven-year period of amortization of the verified costs of the 
   MCI. The rent increase is a permanent addition to the 
   legal regulated rent and does not drop off after the 
   seven-year period. The tenant's increase is based upon a per 
   room amount.  For the definition of a "room," refer to 
   DHCR's Policy Statement 93-2, "Definition of Room for 
   MCI Purposes."

   No increase may be charged or collected   
   unless and until DHCR issues an order approving 
   the increase.

   In addition, an owner cannot collect an 
   MCI increase from a tenant for whom DHCR has 
   determined that "required services" are not being maintained; 
   or from a tenant who has received a rent reduction 
   order before the issuance of the order granting an MCI 
   rent increase.  Where DHCR issues a rent reduction order, 
   an owner may continue to collect an MCI rent increase 
   that the owner began collecting before the rent 
   reduction order was issued regardless of the effective date of 
   the rent reduction order.  For additional information, 
   see DHCR's Operational Bulletin 95-1, "Collectibility 
   of MCI/OI Increases Where the Rent is Reduced 
   Because of Diminution of Services."

   No MCI rent increase will be approved while a 
   building-wide service reduction order is in effect.  
   Also, if there is an outstanding finding of harassment, 
   DHCR will not grant an increase for the affected 
   apartment(s) and/or building(s).  

   For rent stabilized apartments in NYC, the 
   rent increase collectible in any one year may not exceed 
   6% of the tenant's rent, as listed on the schedule of 
   monthly rental income filed with the owner's 
   application. Increases above the 6% cap can be spread forward 
   to future years. How this annual 6% cap affects 
   the collectibility of the temporary retroactive portion of the
   MCI rent increase is addressed in each order granting the MCI
   rent increase.  For all rent controlled apartments and for
   stabilized apartments outside NYC, the increase collectible
   in any one year may not exceed 15% of the tenant's rent as of
   the issue date of the order.  There is no retroactive portion.

   For rent stabilized apartments in NYC, the MCI rent increase is
   generally effective as of the first rent payment date 30 days
   after the issuance of the order granting the increase.

   If the NYC apartment owner receives a "J-51" tax abatement for
   the major capital improvement, the rent increase is offset by a
   portion of the value of the tax abatement.  For rent controlled 
   apartments in the buildings receiving a "J-51" tax benefit, the 
   MCI increase is offset by 2/3 for the length of the tax benefit.
   For rent stabilized apartments in "J-51" buildings, the increase
   is offset 50% for the length of the tax benefit.

   A senior citizen with a valid Senior Citizen Rent Increase
   Exemption (SCRIE) is exempt from paying any portion of the MCI
   increase that would raise his or her total rent to over 1/3 of 
   the tenant's total disposable income. However, if the owner 
   requests it, any increase in the security deposit resulting from 
   the MCI rent increase must be paid by the SCRIE tenants.

   If an apartment(s) is vacant or becomes 
   vacant while the MCI application is pending, the owner 
   must notify any incoming tenant that the tenant's rent 
   will increase if the MCI application is approved.  
   Failure to indicate this anticipated rent increase in 
   the vacancy lease will result in no MCI increase 
   being approved for this apartment until the lease is renewed. 
   If an owner charges the increased rent without 
   this proper notification, the owner risks 
   overcharge penalties.

   A vacancy lease clause that satisfactorily 
   notifies an incoming tenant of a pending MCI application 
   is one which provides, "Application for a major capital 
   improvement rent increase has been filed with 
   DHCR based upon the following 
   work:_______________, Docket # ______.   Should DHCR issue an 
   order granting the rent increase, the rent quoted in this 
   lease will be increased."

   If DHCR approves an application for a rent 
   increase based on an MCI, the owner may charge the 
   increase during the term of an existing lease only if the 
   lease contains a clause specifically authorizing the owner 
   to do so.  A satisfactory lease clause would provide, 
   "The rent established in this lease may be increased 
   or decreased by an order of DHCR or the Rent 
   Guidelines Board."

   For more information or assistance, call the DHCR Rent InfoLine 
   (718) 739-6400, or visit your Borough or County Rent Office.

   Central               
   92-31 Union Hall Street   
   4th Floor                 
   Jamaica, NY 11433         
   (718) 739-6400            

   Brooklyn              
   55 Hanson Place           
   7th Floor                 
   Brooklyn, NY 11201        

   Upper Manhattan       
   163 W. 125th Street
   5th Floor
   New York, NY 10027
   North side of 110th St. and above

   Nassau County         
   50 Clinton Street         
   6th Floor                 
   Hempstead, NY 11550       

   Westchester County    
   55 Church Street          
   White Plains, NY 10601    

   Lower Manhattan       
   156 William Street        
   9th Floor                 
   New York, NY 10038        
   South side of 110th St. and below

   Bronx                 
   1 Fordham Plaza           
   2nd Floor                 
   Bronx, NY 10458           

   Staten Island         
   60 Bay Street             
   7th Floor                 
   Staten Island, NY 10301   

   Rockland County       
   94-96 North Main Street   
   Spring Valley, NY 10977   

   Revised 11/96