In the recent case of Terrace Court, LLC v. New York State Division of Housing and Community Renewal, 2012 WL 443947, the New York State Court of Appeals unanimously held that where a landlord performs major capital improvement (MCI) work in a building, and where that work does not benefit some apartments due to poor workmanship, the Division of Housing and Community Renewal (DHCR) is authorized to permanently deny MCI rent increases for those apartments. In so holding, the Court affirmed a sharply divided Appellate Division, First Department.
The Terrace Court case provides an excellent opportunity to examine MCI rent increases, and those instances where DHCR will deny or suspend such increases in whole or in part.
MCI: The Basics
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