Increase for Parking Lot Resurfacing Denied

September 30, 2006

LVT Number: 19128

Landlord applied for MCI rent hikes based on resurfacing the building's parking lot. The DHCR ruled against landlord. Landlord appealed and lost. The DHCR's decision was not arbitrary or unreasonable and was supported by the record before the agency. MCI increases are granted for resurfacing only when the entire original area is resurfaced and only when the useful life of the existing surface is over. For a cement surface, the useful life is 15 years; for asphalt, it is 10 years.

Landlord applied for MCI rent hikes based on resurfacing the building's parking lot. The DHCR ruled against landlord. Landlord appealed and lost. The DHCR's decision was not arbitrary or unreasonable and was supported by the record before the agency. MCI increases are granted for resurfacing only when the entire original area is resurfaced and only when the useful life of the existing surface is over. For a cement surface, the useful life is 15 years; for asphalt, it is 10 years.

Kew Gardens Assocs., LLC v. DHCR: NYLJ, 9/25/06, p. 34, col. 6 (App. Div. 2 Dept.; Florio, JP, Ritter, Goldstein, Lifson, JJ)

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