Hallway Work Doesn't Qualify

Landlord applied for MCI rent hikes based on work done in a building's common areas. Landlord installed panels in the hallway, stained and finished old and new wood, and repaired and shored up stairways. The DRA ruled against landlord. Landlord appealed and lost. Landlord argued that the building was a landmark brownstone and returning it to its original condition added value. The DRA said the work that landlord did was cosmetic enhancement. It wasn't structural in nature and, therefore, qualified only as maintenance and repairs, not an MCI.

858 President St.: DHCR Adm. Rev. Docket No. TI210067RO (9/7/06) [2-pg. doc.]