New Cornice Installed with Facade Restoration Qualifies as MCI

LVT Number: #25345

The DRA granted a portion of landlord's application for MCI rent hikes based on facade restoration, installation of hallway and basement windows, a compactor, basement door and video system, architectural fees, and asbestos removal. The DRA denied any increase for mobilization of scaffolds, painting of fire escapes, and the installation of a new cornice and landmark windows. Landlord appealed and won, in part. The mobilization cost for scaffolds, scraping and painting of fire escapes, and filing fees didn't qualify as MCIs.

The DRA granted a portion of landlord's application for MCI rent hikes based on facade restoration, installation of hallway and basement windows, a compactor, basement door and video system, architectural fees, and asbestos removal. The DRA denied any increase for mobilization of scaffolds, painting of fire escapes, and the installation of a new cornice and landmark windows. Landlord appealed and won, in part. The mobilization cost for scaffolds, scraping and painting of fire escapes, and filing fees didn't qualify as MCIs. The landmark windows didn't qualify because they weren't installed as part of a unified plan and didn't comprise at least 80 percent of total apartment windows. But the cornice was necessary work performed in connection with and directly related to the facade restoration and therefore did qualify as an MCI. 

425 W. Broadway: DHCR Adm. Rev. Docket No. ZG430025RO (12/17/13) [2-pg. doc.]

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