Got the renewal in Forest Hills. Lease is stabilized and they're adding a capital improvement increase for 'new windows + brickwork.' They attached a one-page rider but no DHCR order number, no application, nothing. Just a line saying 'MCI increase as permitted by law.' I know MCI increases are a thing, but I thought there had to be a decision first. LL says the rider is all I need and to sign by the end of the week. Is this legit? Do I have to pay while I ask? I don't want to blow up my renewal over something that might be real, but this feels like a trust-me special.
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Can my LL just slap an MCI increase on my stabilized renewal without showing the DHCR order?
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10-07-2026, 02:53 PM
10-07-2026, 03:36 PM
Not a lawyer, but I got a similar 'trust me' line from my landlord last year. Ended up being a pressure move because the paperwork was never filed. Different kind of uphill than that bridge thread where the e-bike gives out—Manhattan Bridge Brooklyn-side climb: Citi Bike e-bike assist tapping out on the last ramp?—but same idea: don't sprint when the grade is fake. Wait for someone who knows rent-stab rules to post.
10-07-2026, 03:50 PM
Rent stabilized renewals and MCIs have very specific rules. The landlord cannot just add an MCI increase by writing it into a rider. A real MCI increase requires an order from DHCR (or HCR) granting the increase. That order will have a docket number, information about the types of work, whether it was approved, and the dollar amount per room or per unit. The landlord is required to attach or reference the actual order. You can ask for the DHCR docket number and then look it up. You also have a right to file an administrative challenge if you believe the increase is not proper. Things to check:
In your position, I would not sign the renewal with an unexplained MCI rider until you at least get the docket number. If the lease is expiring and you are worried, you can sign the renewal while noting 'signed under protest as to MCI increase' on both copies, but I'd ask for legal help from a tenant group like Met Council first. Also, DHCR has a hotline and an online system; if you know the docket, you can check status. Don't rely on the landlord's one-page rider.
10-07-2026, 04:11 PM
Yup. Every time my super patched a crack and the landlord tried calling it a capital improvement I asked for the order. They back down. If they had a real MCI you'd probably have gotten notice in the mail long ago, not just a rider at renewal time. Get that docket number.
10-07-2026, 07:35 PM
To add to what railfan_ray said: there’s a distinction between an MCI that has been granted and one that is merely pending. A landlord can apply for an MCI after completing work, but the increase generally can’t be collected unless/until DHCR issues an order. Even then, the order will specify the collectible amount and the effective date. There are also cases where DHCR grants a temporary or partial increase, but the landlord still has to serve the right notices. Don’t accept a one-page rider as proof. A few practical steps:
One more thing: if you are in a building with fewer than six units or you have a special regulatory agreement, the MCI rules can differ. But the burden is on the landlord to show the order. 'As permitted by law' with no citation is not documentation.
10-07-2026, 09:19 PM
Appreciate the detail. I’m going to email tomorrow asking for docket + order. I was mostly worried they'd yank the renewal if I pushed back. My place is small but it's rent-stab, so I don't want to set a precedent. I'll write 'under protest' if I have to sign.
10-08-2026, 09:46 AM
I had a landlord try to slip an 'intercom modernization fee' in as a MCI once. Asked for the DHCR order, crickets, then a week later the renewal came back without it. Sometimes they just test who rolls over. Don't roll.
10-08-2026, 09:53 AM
Caveat: signing 'under protest' isn't a magic shield, but it can help preserve your position if you later challenge the increase. The safer move, if you can, is to wait until you get the docket. You have a right to a renewal lease, and refusal to return a signed renewal because you asked a question about a questionable MCI is retaliatory in a lot of cases. Document every conversation, and if they say no to giving the docket, call DHCR or a tenant helpline. Also worth checking: if your landlord received this MCI order years ago, there may be an issue about retroactive collection. Some owners try to collect increases that predate your tenancy, or they try to add it at renewal instead of on the correct date. The rider has to match the order. Not just the building work—the order number and the apartment-specific calculation matter. If windows were done in only part of the building, you shouldn't pay for common areas or other lines. Misapplication is common. If you want to message back with the docket number format or what the rider says (no personal info), I can tell you if it looks like the ones I've seen.
10-08-2026, 08:55 PM
Lol the 'crickets' reply is real. My own landlord's office once sent me a renewal with a 'processing fee' and when I asked for the statute, same no response for 9 days. Then the 'fee' disappeared. These are just tests. Good on you for not auto-paying.
10-09-2026, 11:48 AM
One more practical note: don't confuse the MCI increase percentage with the rent guidelines board increase. The RGB increase for a stabilized renewal is set separately. The landlord can sometimes add a lawful MCI on top, but they must list it separately. If the renewal blends them, that makes it harder to see what was actually approved. Ask for the breakdown in writing. That breakdown should show the current legal rent, the RGB increase, and any applicable MCI increase. The MCI line must have its own docket. No docket, no MCI. Also, if the landlord actually has an order, check the 'notice to tenants' requirements. Tenants are supposed to receive some form of notice before collection begins. A one-page rider at lease renewal with no order number is almost certainly not enough. You aren't being difficult; you're asking for the thing the law already requires.
10-09-2026, 12:36 PM
After I went through this, I started putting every lease question in an email and saving the PDF. Weird how phone calls with supers and landlords suddenly turn into 'I never said that.' Email trail or it didn't happen.
10-09-2026, 02:51 PM
Update: Emailed asking for the docket. Management replied saying the MCI application is 'pending' but they can collect now because the work is done. I'm giving that a big side eye. I'll call DHCR tomorrow and see if anything's on file for the building. If not, I'll file a complaint? Anyone done that—does it take months or is it more like a phone call?
10-10-2026, 08:22 AM
File the complaint. I did a DHCR complaint for a rent overcharge complaint once and it didn't move fast, but having it in the system got my landlord to suddenly get responsive. It’s not instant, but it's better than paying a fake increase for years. Also send them the pending-application email so they can see the landlord already gave you the answer: they don't have an order yet. |