Landlord Didn't Replace Entire Roof

LVT Number: #27984

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord because only 3,600 square feet of the 7,200 square foot roof was replaced. Landlord appealed and lost. Landlord claimed that the entire pitched roof was replaced and that a flat section made of tar wasn't part of the main roof and wasn't connected to the separate tile roof. Therefore, that part need not be replaced. The DHCR disagreed. The flat roof was still part of the roofing system and therefore must be replaced in order for the work to qualify as an MCI.

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord because only 3,600 square feet of the 7,200 square foot roof was replaced. Landlord appealed and lost. Landlord claimed that the entire pitched roof was replaced and that a flat section made of tar wasn't part of the main roof and wasn't connected to the separate tile roof. Therefore, that part need not be replaced. The DHCR disagreed. The flat roof was still part of the roofing system and therefore must be replaced in order for the work to qualify as an MCI.

Lancaster Gate Incorporated: DHCR Adm. Rev. Docket No. EN920002RO (8/24/17) [2-pg. doc.]

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