Balcony Restoration Didn't Qualify as MCI

Landlord applied for MCI rent hikes based on elevator modernization and balcony restoration. The DRA ruled for landlord in part, granting rent increases for the elevator work but denying any increase for the balcony project. The DRA found that the balcony work was essentially repair of spalled concrete. Landlord appealed, claiming that like pointing and waterproofing, balcony restoration was done where needed and should qualify as an MCI. The DHCR ruled against landlord. There was no replacement or substantial replacement of balconies at the building. And the contractor's proposal submitted by landlord stated that the work to be done was structural repairs.

Rush Properties, Inc.: DHCR Adm. Rev. Docket No. WA710024RO (7/8/08) [3-pg. doc.]