Himmelstein, McConnell, Gribben, Donoghue & Joseph - Manhattan Tenant Rights and Representation Attorney
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Major Capital Improvements - #1

Tenants in rent stabilized and rent controlled apartments are subject to "Major Capital Improvement" ("MCI") rent increases when an owner undertakes certain building-wide improvements such as replacing a roof, a boiler, installing new windows. I've worked with thousands of tenants over the years to successfully fight these rent increases. In challenging an MCI rent increase it helps to have a strong Tenants Association. In most cases the Tenants Association will want to retain both an attorney and an engineer. The primary grounds of defeating or reducing an MCI increase are: the work was not completed or was "unworkmanlike" (substandard), the MCI application was not filed within 2-years of the completion of the work, the item replaced had not exceeded its "useful life," the item was not a "building-wide" improvement.

In a recent case the tenants defeated a roof MCI where there were leaks into several top floor apartments. In another building an elevator MCI was defeated when I discovered, after careful review of the application, that it had not been filed within 2-years of completion of the work.

David Hershey-Webb