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Preparing for a Potential MCI in Rent-Stabilized Apartment

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

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Preparing for a Potential MCI in Rent-Stabilized Apartment

Postby nmoya2 » Fri Feb 02, 2018 6:31 pm

Relavent facts:

1. The apartment is Rent Stabilized.
2. The landlord recently repaired a leak on the roof and may have replaced the entire roof.
3. They will soon fix a structural beam on an extension in the back of the building directly affecting 2 other apartments.

The potential for an MCI would be on the Roof and Beam repairs - nothing has been filed with the city yet.

I have 2 general questions:

1. Does anyone know if MCIs have been successfully fought on work being done without a proper permit? I believe the extent of roofing work would have required a DOB Permit (it wasn't just replacing roof material, they cut into the roof). No permit has been filed for the beam yet. I only know if this from another tenant telling me.

2. Would the load-bearing beam count as an MCI or an IAI if it is located on the extension which only 2 apartments utilize (there are 8 apartments in the building)? Is a LL able to weasel in work on the core building beams as an MCI when dealing with the extension only work?
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Re: Preparing for a Potential MCI in Rent-Stabilized Apartme

Postby TenantNet » Fri Feb 02, 2018 6:49 pm

From the description, I don't think a beam repair qualifies as a MCI ... but it could qualify if done in conjunction with a permitted MCI done at the same time such as a roof replacement. Seems you aren't sure if the roof was really replaced. Find out. (see the MCI list from DHCR).

Document everything. Take as many photos as possible. Make sure LL doesn't see you taking photos on the roof as they will likely close it off. And take photos before, during and after the work is done.

Without a permit, well you should document that and get DOB to place a violation. However, DHCR is less likely to do anything over that.

A structural beam is not a IAI.
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