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MCI Timeline

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MCI Timeline

Postby Laura2314 » Sat Dec 12, 2020 6:44 pm

Good evening,

I live in a rent-stabilized apartment in Westchester, and I received a "Notice to Tenant of MCI Rent Increase Application." I'm wondering how far into the process has the application already gone.
a)Does the letter mean that DHCR has already audited the improvements and approved of the owner's claimed costs and just wants to make sure that tenants have no objections?

b)Could approval be granted as soon as the 60-day response period ends? How long does it usually take? I'm trying to get a sense of the timeline here.

Thank you for your time and attention.
Laura2314
 
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Re: MCI Timeline

Postby TenantNet » Sat Dec 12, 2020 7:09 pm

First, look at https://hcr.ny.gov/system/files/documen ... 0-2019.pdf

However DHCR often ignores its own rules. It is supposed to give tenants 60 days to comment (upon which they often ignore what the tenants say). In many cases it can take years to process, but there is a pre-approval process, which is sort of like an approval in concept.

I have seen DHCR approve of MCI's even before the time for tenants to comment has expired.

You would do well to FOIL the entire file from DHCR. In non-COVID times you could go to their offices to examine the file and get copies (they might charge $0.25 per page). I do not know the process now with COVID. You can call up and ask them, assuming there is someone in their office. What you got in the mail is not the entire file; that would include contracts, building permits, copies of payments and so on.

You can also go to DHCR's Case Status page at https://apps.hcr.ny.gov/casestatus/default.aspx
however, that is often incorrect as to where in the process a case may be.

Learn the new post-2019 rules for MCI's - they have changed and depending on your building or the number of RS tenants, you might have strong claims against the application.

Whatever you do, don't put in objections like "it's not fair," or "the rent is too high." This arguments will get you nowhere.
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Re: MCI Timeline

Postby Laura2314 » Sat Dec 12, 2020 7:38 pm

Very helpful, thanks!
Laura2314
 
Posts: 11
Joined: Mon Aug 27, 2018 7:55 am

Re: MCI Timeline

Postby Laura2314 » Mon Jan 18, 2021 3:17 pm

It says in my lease that I am entitled to cancel the lease in case the rent is increased except in the event "that an order is issued increasing the stabilization rent because of owner hardship." Does MCI qualify as "owner hardship"?
Thanks!
Laura2314
 
Posts: 11
Joined: Mon Aug 27, 2018 7:55 am

Re: MCI Timeline

Postby TenantNet » Mon Jan 18, 2021 4:23 pm

MCI's are not owner hardship; that is something else.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
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