Posted by New York Tenant on July 16, 2001 at 14:56:42:
In Reply to: Help on PAR posted by Playing Hardball on July 16, 2001 at 13:31:35:
You can find an imperfect version of the current Rent Stabilzation Code (RSC), from TenantNet, at http://tenant.net/Rent_Laws/rsc/rsctoc.html -- with links to the old RSC and the latest changes.
Does the PAR about an MCI increase, for which the tenants have an attorney, include the toilets, allegedly installed three years ago? It sounds like fraud on the part of the landlord.
When the landlord installed toilets four years ago, under the toilet rebate program, did he get an MCI or other rent increase? If he did, the increase should have been calculated to reflect the $240 toilet rebate from the city and for any J-51 real estate tax benefits.
Even if the landlord did install toilets again, three years ago, DHCR shouldn't have allowed a second increase, based on the useful life of a toilet, regardless of whether the landlord previously received an MCI or other rent increase.
I think you would have been better off -- and may still be better off -- bringing an H.P. proceeding in housing court. A PAR will take a long time, while you're still stuck with a defective toilet.
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