Cost of Quarry Stone Terraces Included

LVT Number: 13481

Landlord applied for MCI rent hikes based on the installation of a new roof, and waterproofing, pointing, and masonry work. The DRA ruled for landlord, and tenants appealed, claiming that the new roof was too expensive because it included quarry stone terraces to which only penthouse tenants had access. The DHCR ruled against tenants. Although the cost of the terraces was significant, the terraces were part of the roof and their replacement was needed to prevent water intrusion. So replacement of the terraces benefited all ten- ants in the building, and an MCI increase was proper.

Landlord applied for MCI rent hikes based on the installation of a new roof, and waterproofing, pointing, and masonry work. The DRA ruled for landlord, and tenants appealed, claiming that the new roof was too expensive because it included quarry stone terraces to which only penthouse tenants had access. The DHCR ruled against tenants. Although the cost of the terraces was significant, the terraces were part of the roof and their replacement was needed to prevent water intrusion. So replacement of the terraces benefited all ten- ants in the building, and an MCI increase was proper.

51 Fifth Ave.: DHCR Adm. Rev. Dckt. No. EC430475RT (4/23/99) [2-pg. doc.]

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