Carpeting on Steps Doesn't Qualify

LVT Number: 19205

Landlord applied for MCI rent hikes based on the installation of new flooring. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that the building-wide installation of new flooring qualified as an MCI. The DHCR ruled that although building-wide flooring does qualify as an MCI, landlord only removed and scraped some concrete, repaired some steps, and installed vinyl tread carpeting on the steps. Landlord also installed composite tiles on all the landings after removing, scraping, and patching of all the corners. This work was repair work, not MCIs.

Landlord applied for MCI rent hikes based on the installation of new flooring. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that the building-wide installation of new flooring qualified as an MCI. The DHCR ruled that although building-wide flooring does qualify as an MCI, landlord only removed and scraped some concrete, repaired some steps, and installed vinyl tread carpeting on the steps. Landlord also installed composite tiles on all the landings after removing, scraping, and patching of all the corners. This work was repair work, not MCIs.

94-25 57th Ave.: DHCR Adm. Rev. Docket No. UB110030RO 9/20/06 [2-pg. doc.]

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