Wrongful MCI Increase

[morryc]

My LL is seeking to increase the rent because he painted the Fire Escapes. I'm told that painting the fire escapes is considered building maintenance and not considered a MCI. What recourse do we have to stop him from doing this? If this question has been addressed before, I apologize. I'm new to this board.

Thanks

[Phil Cohen]

Has he filed for an MCI? If so, you and the other tenants will get notice, and an opportunity to reply. Just say that this is routine maintenance and not a major capital improvement. You should win--it seems open and shut.
If he has indeed filed--just out of curiosity, could you post here what his justification is for claiming this is an MCI? It seems completely whacky.

Originally posted by morryc:
My LL is seeking to increase the rent because he painted the Fire Escapes. I'm told that painting the fire escapes is considered building maintenance and not considered a MCI. What recourse do we have to stop him from doing this? If this question has been addressed before, I apologize. I'm new to this board.

Thanks

[morryc]

[QUOTE]Originally posted by Phil:
[QB]Has he filed for an MCI? If so, you and the other tenants will get notice, and an opportunity to reply. Just say that this is routine maintenance and not a major capital improvement. You should win--it seems open and shut.
If he has indeed filed--just out of curiosity, could you post here what his justification is for claiming this is an MCI? It seems completely whacky.
Yes, and that's how we found out about it. We got the notice in the mail. So all we have to do is dispute this on the back, and it should be taken care of?

[Phil Cohen]

Well, you have to dispute it, using the form provided (or write a letter and reference it in the reply). Be sure to abide by the deadline! (20 days I think). And send it by CERTIFIED MAIL, return receipt requested.
Still curious as to how LL justified such a ridiculous thing.

[morryc]

Unfortunately, I didn't think to send it registered mail, and dropped it in the mailbox this morning before reading your post. Hopefully it will get there anyway.

Not sure how he justified it. We just got a notice that he'd applied for a rent increase for painting the fire escapes. Beyond that, I don't know

[Phil Cohen]

Well, if you kept a copy--and you should have-- why just send that by certified mail (NOT registered mail!), return receipt requested. Also--check the form you received. You may have to send two copies of your reply.
Be sure the grounds are correct--that it is not a major capital improvement and is simply routine maintenance.

[morryc]

Thanks for the advice. The rent increase was denied.