TENANTS OWED OVER A $1 MILLION IN RENT WHEN DHCR REVOKES FAÇADE MCI AFTER 12-YEARS

March 26, 2013

Tenants at the Clermont on 444 East 82nd Street won a big victory after 12-years of litigation when the DHCR revoked a façade MCI.  The DHCR found that the façade work had been done in a “piecemeal” manner.

The MCI application was the second filed by the Owner.  The first façade MCI was granted but then revoked when portions of the façade fell onto York Avenue.

The second façade MCI was initially granted but revoked because pointing and waterproofing work on the façade continued long after the Owner claimed that the MCI had been completed.  Tenants complained of continuing leaks in dozens of apartments.  It is estimated that the tenants are due over $1 million in rent refunds as a result of the victory.

There is no word yet on whether the Owner will appeal.

“This is a Tenants Association that does not give up.  It has been a long long fight and this is a great victory for tenants. The DHCR did the right thing this time” said David Hershey-Webb of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP who represented the Tenants Association.