Landlord v. Tenant: September 2024

MAJOR CAPITAL IMPROVEMENTS

Lobby/Vestibule Renovations Don't Qualify for MCI Rent Hikes

Landlord applied to the DHCR for MCI rent hikes. The DRA ruled in part for landlord, granting an increase for building entrance doors but disallowing claimed costs related to new stone flooring and saddle, new lobby flooring, a shallow depth floor closer, lobby wall marble, and a marble intercom panel.

Landlord appealed and lost. The DHCR found that the other work was mere cosmetic improvements or ordinary repairs and maintenance, or work undertaken to modernize the lobby/vestibule area. It was long-standing DHCR policy that such lobby or vestibule renovations didn't qualify for MCI increases. 

• Greystone Properties 81 LLC: DHCR Adm. Rev. Docket No. IN430015RO (5/15/24)

PASSING ON APARTMENTS

Occupant Claiming to Be Partner of Evicted Tenant Doesn't Get Succession Rights

Apartment occupant filed a lease violation complaint in 2023, claiming succession rights and stating that landlord failed to give her a renewal lease after rent-stabilized tenant was evicted from the apartment. Occupant said that she lived in the apartment with tenant for at least two years and that he was her life partner.

The DRA ruled against occupant, who appealed and lost. Landlord had commenced an eviction proceeding against tenant and "Jane Doe." Apartment occupant who complained to the DHCR was the "Jane Doe" in the housing court case. Both tenant and occupant had been evicted. Occupant had raised no good cause to stay the eviction in the housing court case. So her DHCR lease violation complaint was properly dismissed.

• Oliveria: DHCR Adm. Rev. Docket No. LX410005RT (6/5/24)

REQUIRED SERVICES

Landlord Can Replace Gas Stoves with Electric Stoves Using HUD Rent Reduction Schedule

Landlord asked the DHCR for permission to replace gas stoves with electric stoves for rent-regulated tenants in its building. Landlord noted that it paid the gas bill for the building and that tenants paid for their own electricity. The DRA ruled for landlord and ordered a permanent Utility Allowance for cooking gas as established by the HUD schedule for 2021 in order to compensate tenants. This amounted to $25 per month for a one-bedroom apartment and $28 per month for two-bedroom units.

Tenants appealed and lost. They argued that, although landlord claimed the replacement of gas with electric stoves was based on safety concerns, there had never been an incident in the building showing there was a safety concern. The DHCR pointed out that it granted such applications so long as the new stoves were installed at no cost to tenants and wouldn't result in an increase to the legal regulated rents. The DRA applied DHCR policy in granting landlord's application with the appropriate rent reductions. 

• MDevitt/Oling: DHCR Adm. Rev. Docket Nos. KV410001RT, KV410007RT (5/17/24)