How can tenants fight an MCI?
The procedure is: The owner applies to the state’s DHCR for an increase in the rent of rent stabilized or rent controlled apartments. DHCR then gives notice to tenants, who need to hire an attorney or someone with a lot of experience fighting this. It is possible that the tenants will also need to hire an engineer if they want to challenge whether the work was done and whether it was done properly. Tenants should carefully review the Metropolitan Council on Housing’s fact sheet and get professional help to fight the MCI. An MCI is not possible where there is a DHCR ruling of a diminution in services, or where there is a court finding of hazardous violations of the law in the building that the landlord has not fixed. So if there are violations or a reduction in services, file a complaint immediately. In many cases, the amount the landlord is seeking will be substantially reduced.
