Based on objections our attorneys, Collins Dobkin & Miller LLP, filed via Article 78s, seven facade Major Capital Improvement rent increases (for 14 buildings) were annulled outright, and 12 were sent back to state agency Homes and Community Renewal (Order and Decision). We prevailed on two key issues—failure of the owner to file applications within HCR's own established deadlines and failure to meet IRS requirements for depreciability. Tenants in affected buildings, below, who have already been paying for the MCI will get back money collected for these MCIs and their rent will be recalculated. The amount of the MCI will be deducted from the legal maximum rent for all apartments in the 14 affected buildings.

The 7 annulled MCIs include:

EU410047RT (2 PCR); EU410048RT (431 East 20th St); FS410011RT (1, 3 Stuyvesant Oval);

FX410022RT (315, 319, 321 Ave. C); GN410045RT (6, 8, 10 Stuyvesant Oval);

GN410046RT (610, 620 East 20th St); GN410057RT (505, 515 East 14th St)

 

The 12 remanded MCIs include:

EU410046RT (541 East 20th St); EU410054RT (441 East 20th St); FS410034RT (390 First Ave);

FV410011RT (6 PCR); FV410038RT (7 PCR); GM410050RT (8 PCR);

GN410043RT (531 East 20th St); GN410044RT (271 Ave C) GN410047RT (530 East 23rd St);

GR410031RT (5 P PCR); GR410032RT (510 East 23rd St; GS410048RT (511 East 20th St) 

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=KqEiYpwvwADIqu3iw8hr8g

Posted 1/7/23