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Major Capital Improvements (MCI) Question

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Major Capital Improvements (MCI) Question

Postby kevinbklyn » Thu Jun 13, 2019 12:27 pm

I am a rent-stabilized tenant and have a question about how the timing works for MCI rent increases.

According to the fact sheet from NYS I read, the landlord needs to submit form RA-79, and tenants are given notice and an opportunity to respond before an MCI rent increase goes into effect. My question is, does this notification have to happen *before* work commences? Right now there is some major work being done to the courtyards of my building, but I have no idea if it will end up increasing my rent. Knowing sooner rather than later would be very helpful in my situation.
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Re: Major Capital Improvements (MCI) Question

Postby TenantNet » Thu Jun 13, 2019 1:33 pm

I know of cases where DHCR does not give tenants the 30 days to respond. So when you mail your objection, make sure to do it by certified mail.

There is no requirement that the LL has to give tenants or DHCR notice before work starts, however depending on the nature of the work, a valid permit may be necessary from NYC Dept. of Buildings.

When the work is done, the LL makes an application to DHCR and from that, tenants are give notice.

There are some exceptions if the LL seeks pre-approval from DHCR. That can happen, but I've never seen it. Even with pre-approval, tenants can still object.

As for the work in your building, well it depends on the nature of the work and if it's building-wide.

But keep your hat on. Yesterday's agreement in Albany to renew the rent laws has major changes in store for how MCI's work.

In the meantime, make sure your LL has permits from DOB (if needed) and posted. Document everything, date work starts and ends. Name of the company that is doing the work. Take photos of everything including the truck the workmen use to bring supplies - and license plates.
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