Landlord Can't Get Second Rent Hike Within 15 Years

LVT Number: #25031

Landlord applied for MCI rent hikes based on pointing, waterproofing, and stucco. The DRA ruled against landlord, who appealed and lost. The DRA found that landlord had already gotten an MCI increase for pointing less than 15 years ago. Landlord argued that the prior MCI increase was for pointing performed on the building's garage and back south side. The new application was for work done on other portions of the building.

Landlord applied for MCI rent hikes based on pointing, waterproofing, and stucco. The DRA ruled against landlord, who appealed and lost. The DRA found that landlord had already gotten an MCI increase for pointing less than 15 years ago. Landlord argued that the prior MCI increase was for pointing performed on the building's garage and back south side. The new application was for work done on other portions of the building. But when the DHCR grants an MCI increase for comprehensive pointing and waterproofing as necessary, it expects that, except for normal maintenance and repairs, the building facade will be structurally sound and watertight for the 15-year useful life of the pointing. So another MCI rent increase isn't warranted. Additionally, partial resurfacing of exterior walls and the parapet with stucco isn't an MCI but is considered repairs or ordinary maintenance.

42-30 Hampton St.: DHCR Adm. Rev. Docket No. XB110015RO (7/11/13) [1-pg. doc.]

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