HIMMELSTEIN, MCCONNEL, GRIBBEN, DONOGHUE & JOSEPH LLP WINS OVER $150,000.00 IN RENT REFUNDS FOR UPPER WEST SIDE TENANTS
June 18, 2018
DHCR granted the Embassy House Rent Stabilized Tenants Association’s appeal (“PAR”) of an Major Capital Improvement (“MCI”) rent increase order, reducing the MCI rent increase substantially, resulting in rent refunds of over $150,000.00.
The MCI rent increase was for façade work, a new roof and an upgraded elevator. HMGDJ has previously beaten the façade MCI on the basis that the Owner had undertaken façade work and obtained an MCI rent increase only five year before and had not filed a request for a waiver of the useful life.
In their PAR, the tenants argued that the Owner had not replaced the entire roof. The DHCR agreed and the rent increase for the roof was revoked. The Owner’s PAR, in which it argued that it did not have to request a waiver when it did Local Law 11 work, was denied.