Garage Roof Replacement Qualified as an MCI
LVT Number: #32212
Landlord applied for an MCI rent increase based on installation of a garage roof. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord had been negligent in maintaining the garage and the building. Among other things, tenants argued that there weren't enough parking spaces for all tenants in the garage and therefore the garage roof installation wasn't a benefit to all building tenants. The DHCR pointed out that it was agency policy that the replacement of a garage roof may qualify as an MCI if the garage was attached to, and formed an extension of, the residential building. Under such circumstances, the preservation of the garage roof was required to maintain the structural integrity of the building, and replacement of the garage roof benefited all tenants. It didn't matter whether all of the building tenants benefited from or used the garage.
Klapholtz: DHCR Adm. Rev. Docket No. GU110002RT (8/24/22)[2-pg. document]