Incomplete Balcony Repair Work Didn't Qualify as MCI

LVT Number: #28084

Landlord applied for MCI rent hikes. The DRA ruled for landlord in part, granting rent increases for facade work that included whyte replacement, lintel, window caulking, masonry caulking, parapet, roof, copper flashing, joist replacement, coping stones, and bulkhead. But the DRA disallowed any rent increase for balcony repairs, railings, and additions. Landlord appealed and lost. Landlord claimed that it did work on all 32 building balconies. But the DHCR found that there were 34 balconies and that work wasn't done to two of the balconies that were on the first floor.

Landlord applied for MCI rent hikes. The DRA ruled for landlord in part, granting rent increases for facade work that included whyte replacement, lintel, window caulking, masonry caulking, parapet, roof, copper flashing, joist replacement, coping stones, and bulkhead. But the DRA disallowed any rent increase for balcony repairs, railings, and additions. Landlord appealed and lost. Landlord claimed that it did work on all 32 building balconies. But the DHCR found that there were 34 balconies and that work wasn't done to two of the balconies that were on the first floor. To qualify as an MCI, the same work must be performed on all similar components of the building. 

Riverview Realty: DHCR Adm. Rev. Docket No. AR610003RO (10/4/17) [2-pg. doc.]

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