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Check your lease

Posted by isaac on July 21, 1999 at 11:28:49:

In Reply to: Re: Major Capital Improvements Q HELP posted by B Rivera on July 20, 1999 at 13:56:42:

:Check your lease to see if AC is included, as well as the annual registration form you get from the LL each spring.
In any case, DHCR will send you a copy of the LL's MCI application, and you get 35 days to comment/object.
Get together with the other tenants, and file objections to the MCI, no matter what. Include the AC matter.
Check if all the work that the LL claims in his application was actually done (it may not be), and if the work was done to contract specification (it may not have been) - you can get a copy of the contract from DHCR. This will also force DHCR to scrutinize the application.
Even if the MCI is granted, you and the other tenants should submit PARs (petitions for administrative review). Note that MCI rates are set per room, not per apartment; thus, tenants will be charged differing rent increases.
Submission of PARs will delay collection of the retroactive portion of the MCI, and in the meantime the $$ is in your pocket, not the LL.
The whole concept of MCI is a sham and a gift by our Legislators to the LLs, as the LL will continue to collect increased base rents, even after all (almost always inflated) MCI costs are paid for by the tenants. He also gets to amortize the costs, claiming them as business expenses.

Thank you. The AC's were not installed by the LL and the gates are protection gates. So I see that the tenant it resposible. SOmeone told me that according to the Rent Stabilization Board the LL is repsonsible. I guess not. Thanks so much
: : Are we talking about security or child protection gates? As far as the ACs, who owns/installed them?

: : My take is as follows. If the gates are tenant installed security gates, they are the tenant's responsibility to reinstall. If they are child gates, it is the LLs problem. Same with the ACs. If the came with the apt, and belong to the LL, than he would have to reinstall them. If they are your's, they're your problem.

: : : After 50 years they are installing new windows in my building. Is the management responsible for re-installing air conditioners and window gates?

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