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MCI Elevator Upgrade (No Permit)

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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MCI Elevator Upgrade (No Permit)

Postby nycman » Thu Oct 13, 2016 8:54 am

I recently received an "Order Granting MCI Rent Increase" for an elevator upgrade. The total approved cost is north of $150k, so this will result in significant rent increases for myself and other tenants in the building. I checked the DOB website and I can find no record of the landlord attaining the necessary permits nor can I find certification that the work was completed. I would like to file a Petition for Administrative Review. Do I have grounds to challenge the increase based on this? What is the technical terminology I should use in my PAR for work without permit?
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Re: MCI Elevator Upgrade (No Permit)

Postby TenantNet » Thu Oct 13, 2016 9:56 am

MCI increases are rent increases for rent stab tenants. If they sent you an order, then you've missed the process. All RS tenants should have received a notice from DHCR a while back with the LL's application for the increase and giving you an opportunity to challenge it. Did you get the notice or not? Did you put in opposition? Is there a tenant group in your building and did they put in opposition?

You have 35 days to file a PAR, but be aware that the PAR is not supposed to look at evidence if it was not submitted at the rent administrator stage of the proceeding.

I would nevertheless tell DHCR a) why you didn't challenge it before - if you didn't get the application, and b) that there is no permit for the upgrade. But check the DOB site carefully. Elevator upgrades are often tucked into electrical applications, or elsewhere on the DOB site. I would look very carefully.
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Re: MCI Elevator Upgrade (No Permit)

Postby nycman » Thu Oct 13, 2016 10:20 am

I didn't receive the application. I checked the DOB site very carefully and I see no evidence of a permit.
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Re: MCI Elevator Upgrade (No Permit)

Postby biggerthanprince » Wed Oct 26, 2016 2:07 pm

My building (with lots of RS apartments) is about have a huge MCI project take place - new windows, boiler, elevator, etc. I'm wondering at what point do we get to review the costs and/or challenge LL ? Thanks.
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Re: MCI Elevator Upgrade (No Permit)

Postby TenantNet » Wed Oct 26, 2016 2:24 pm

Biggerthanprince, you should start your question in a new thread.

Nycman, for elevator permits, check the electrical section on the DOB website. A good part of any elevator upgrade is electrical.

As for not receiving the application from DHCR, see if other tenants did. Perhaps your not getting it was just a fluke.

Then FOIL from DHCR their mailing room logs that will show to whom the LL's MCI application was sent. Ask for the mail logs from the docket number your MCI application has.
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