Additional Facade Work Was Ordinary Repair and Maintenance

LVT Number: 19673

Landlord applied for MCI rent hikes based on facade restoration. The DRA ruled for landlord in part, but disallowed any increase for certain additional work ordered after the facade work began. Landlord appealed and lost. For facade work to qualify as an MCI, it must be comprehensive restoration to all exposed sides of the building as necessary. Landlord didn't submit any detailed description of the parts of the facade work that were disallowed. So this portion of the work was correctly deemed ordinary repairs.

Landlord applied for MCI rent hikes based on facade restoration. The DRA ruled for landlord in part, but disallowed any increase for certain additional work ordered after the facade work began. Landlord appealed and lost. For facade work to qualify as an MCI, it must be comprehensive restoration to all exposed sides of the building as necessary. Landlord didn't submit any detailed description of the parts of the facade work that were disallowed. So this portion of the work was correctly deemed ordinary repairs.

4 Park Avenue: DHCR Adm. Rev. Docket No. TC410039RO (1/26/07) [3-pg. doc.]

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