Hallway Floor Re-Tiling Qualifies as Major Capital Improvement

Landlord applied for MCI rent hikes based on the installation of a new vestibule door and hallway floor re-tiling. The DRA ruled for landlord and authorized rent increases. Tenant appealed and lost. Tenant claimed that the granite retiling of the hallway floor was cosmetic in nature and didn't qualify as an MCI. But in a 2002 case, a court upheld complete replacement of a building's public area flooring as an MCI. Such flooring may include tiles or carpeting, and replacement of subflooring isn't required. 

Cruz: DHCR Adm. Rev. Docket No. BS430040RT (7/27/17) [2-pg. doc.]