NYS DHCR Office of Rent Administration, Major Capital Improvement (OM) PAR Orders and Opinions (April-June 2026)

In the proceeding at hand, the petitioner-owner (through counsel) claims, in substance, that the
Administrator disallowed the costs of work which should qualify as MCI eligible, and that the
Administrator's order is so vague as to be a violation of the State Administrative Procedures Act
(SAPA). The tenants submitted an answer to the appeal opposing the petitioner's claims, and the
petitioner was then forwarded a copy of tenants' answer and submitted a response in rebuttal. The
Commissioner, having reviewed the petitioner's appeal and any and all supporting documentation,

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The 102100030M Application included claims for: "lobby renovation- new tiles" and "lobby· renovation-hallway
carpeting,'' along with other lobby renovation work. On September 15. 2023, an Administrator's order wa.S issued v,rhich
partially granted the claimed rvtCis as to new flooring in hallways and other common areas only. The tenants have filed an
appeal (Docket LV2 I 00 I 7RT) against the 102100030M order claimin·g that the MCI should not have been granted for
the common area flooring.
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any and all statements made by affected parties, the underlying case file and all relevant Rent
Regulatory Laws and Regulations, finds that the petitioner's appeal does not have merit and should
be.denied.