Violations MCI Rent Increases and Vacancy and Renewal
Leases
DHCR can deny the application in whole or in
part, if the owner is not maintaining all required If an apartment is vacant or becomes vacant
services, or if there are current hazardous or while the MCI application is pending, the owner
immediately hazardous violations outstanding must notify any incoming tenant that the tenant’s
pursuant to the NYC Housing Maintenance Code rent will be increased if the MCI application is
(HPD), NYC Building Code (DOB), NYC Fire Code approved. Failure to indicate this anticipated rent
(FDNY), Uniform Fire Prevention & Building Code increase in the vacancy lease will result in no MCI
(ETPA Counties). Certain tenant-caused violations increase being allowed for this apartment until
may be excepted. An MCI rent increase will not be the lease is renewed. If an owner charges the rent
approved if there is a DHCR finding of harassment increase without this proper notification, the owner
outstanding on the building or if there is a DHCR risks overcharge penalties.
issued building-wide rent reduction order in
effect, based upon a decrease in services. DHCR A vacancy lease clause that satisfactorily notifies
will expedite any owner filed rent restoration an incoming tenant of a pending MCI application
applications. A tenant whose apartment has an is one which provides as follows: “An application
individual rent reduction order in effect, based for a major capital improvement rent increase has
upon a decrease in service will be exempt from been filed with DHCR based upon the following
the MCI rent increase until the rent is restored by work: _____________________, Docket #
DHCR. ___________________. Should DHCR issue an
order granting the rent increase, the rent quoted in
J-51 and J-51 R