Landlord's Brownstone Stoop Work Didn't Qualify as MCI

January 28, 2019

LVT Number: #29902

Landlord applied for MCI rent hikes based on the installation of a brownstone stoop and steps and wall border resurfacing. The DRA ruled against landlord, who appealed and lost. It's the DHCR's established position that complete replacement of all exterior stairs to a building constitutes an MCI. But stoop restoration work involving the chipping of bluestone or brownstone and the application of a scratch coat and finish doesn't qualify as a complete replacement of the stoop. It is instead considered ordinary maintenance and repair.

Landlord applied for MCI rent hikes based on the installation of a brownstone stoop and steps and wall border resurfacing. The DRA ruled against landlord, who appealed and lost. It's the DHCR's established position that complete replacement of all exterior stairs to a building constitutes an MCI. But stoop restoration work involving the chipping of bluestone or brownstone and the application of a scratch coat and finish doesn't qualify as a complete replacement of the stoop. It is instead considered ordinary maintenance and repair. The resurfacing work done by landlord didn't qualify as an MCI.

Scagnelli: DHCR Adm. Rev. Docket No. EV230007RO (12/14/18) [2-pg. doc.]

Downloads

EV230007RO.pdf334.3 KB

Topics

More like this