Ways On Determining The MCI Rent Increases

By Kimberly Hall


If the owner of a certain building in New York City, New York will decide to subject the improved or the installed building to rent stabilization or to control law, an owner is authorized to have an increase of the rentals that is based on the installation or the improvements actual costs. And so that they can increase their rent, a major capital improvement must be a new one and not a repaired one. An example for this is when owners receive increases for new wall and not for repaired wall.

In the MCI, it involves different kinds of procedures to get qualified with it such as painting and waterproofing. A code is provided for this in which it is stated there that when applying for the MCI rent increases New York City, it must be filed in 2 years of installation. There are 4 things to be considered when qualifying the improvement or installation as MCI.

One is it must be considered to be depreciable and under the code for internal revenue. Two is it must be purely for the preservation, maintenance, and operation of the building. Three is it must benefit all the tenants directly or indirectly. And four is it must meet all the requirements of useful life schedule.

When has submitted already his or her application to DHCR or Division of Housing and Community Renewal, this division notifies then the tenant on this and then they will give them an opportunity to submit any objections concerning on the owners application. Owners have the right to keep application copies to serve as the supporting documents on premises and letting also the tenants to examine it. Only before final determination will the replies of tenants are considered.

The DHCR is the one who makes the decision if owners are already permitted on having an increase of whole part or half part, or if permission is denied. They are going to compute it based on the 7 years period for amortization of the verified costs of MCI. This increase is a permanent addition to the rent that is being legally regulated and is dropped off after the 7 years period.

However, owners cannot collect an increased amount from their tenants if ever the DHCR has proved that there is no maintenance for the required services. And also, if the tenants have received the orders of rent reduction before the MCI has been granted. If an order is being issued, owners have the right to continue the collection.

For the stabilize apartments, the increases must always be lesser than six percent of the bill of a tenant. If they are collecting more than the six percent, the six percent cap is going to be forwarded for future years. In this case, temporary retroactive portions for MCI will be affected.

And for those apartments which are located outside this city, the collectible should not exceed by 15 percent of bill of the tenant. In this case, no retroactive portions will occur. For those stabilized apartments, an amount of increases is effective on first 30 days.

Senior citizens that have the SCRIE or Senior Citizen Rent Increase Exemption will be exempted in paying portions of the amount. If an apartment is vacant and the application is still pending, owners should inform the incoming tenants about it. If owners fail on indicating this, this can result to no increase.




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