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

The owner's claim that it was an unconstitutional due process violation for Section 26-511.1(a)(8) to
be applicable to the previously granted rent increase is without merit. It is noted that this is not a case
where HSTPA was retroactively applied to a pending MCI Application, but rather, this is a case
where the MCI had already been granted prior to June 16, 2019, and as such, was subject to the
amendment to collectability set forth in Section 26-511.1 (a)(8). The referenced HSTPA amendment
is prospective in nature, as it only alters the collectability of the rent increase going forward, and
accordingly, the applicability of this provision to the rent increase granted under Docket
GU4 l 0045OM has no unconstitutional retroactive effect. 2

The claim raised by the tenant-petitioner that the Administrator's order contains a false statement
from the owner does not present a ground for a revocation of the MCI. Pursuant to Section
2522.4(b)(3) of the Rent Stabilization Code and long-standing DHCR policy, rewiring qualifies as an
MCI when the scope of work includes new copper wiring and feeders extending from the property