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New York Real Estate Law ReporterColumns & Departments

Landlord & Tenant Law

By ssalkin
October 01, 2020
|

MCI for New Carpeting Upheld

Wages v. State Division of Housing and Community Renewal NYLJ 7/13/20, p. 18, col. 5 AppDiv, First Dept. (memorandum opinion)

In tenant's article 78 proceeding challenging a DHCR determination granting landlord a major capital improvement (MCI) increase, tenant appealed from Supreme Court's denial of the petition and dismissal or the proceeding. The Appellate Division affirmed, concluding that DHCR's determination had a rational basis in the record.

Landlord applied for, and DHCR granted, an MCI based on installation of new carpeting throughout the building. DHCR concluded that landlord's misstatement of the age of the replaced carpet did not warrant denial of the application. Tenant brought this article 78 proceeding, raising a number of claims not raised before DHCR, in particular, that carpeting cannot qualify as an MCI, that the owner did not obtain a waiver of the useful life requirement, and that the owner allegedly caused damage to the previous carpeting. Supreme Court declined to consider these claims, and upheld DHCR's determination.

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