Lintel Replacement and Waterproofing Don't Qualify

LVT Number: #20976

Landlord applied for MCI rent hikes based on facade restoration. Landlord appealed. Landlord replaced window headers, including all lintels and new matching bricks. The work included replacement of all windowsills and waterproofing. The windows also were caulked. The DHCR ruled against landlord. It is longstanding DHCR policy that lintel replacement and waterproofing and caulking do not qualify as MCIs.

Landlord applied for MCI rent hikes based on facade restoration. Landlord appealed. Landlord replaced window headers, including all lintels and new matching bricks. The work included replacement of all windowsills and waterproofing. The windows also were caulked. The DHCR ruled against landlord. It is longstanding DHCR policy that lintel replacement and waterproofing and caulking do not qualify as MCIs. They are considered routine maintenance unless performed in connection with a qualifying related MCI, such as building-wide window replacement or comprehensive pointing or window installation.

1350 Amsterdam Avenue: DHCR Adm. Rev. Docket No. WH430004RO (10/8/08) [2-pg. doc.]

Downloads

WH430004RO.pdf184.24 KB