New Sidewalk Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of a new sidewalk in front of the building. The DRA ruled against landlord, who appealed and lost. Resurfacing of an entire courtyard and walkways within the property line of a premises qualifies as an MCI. But it's the established position of the DHCR that the resurfacing of a sidewalk doesn't qualify.

145 Fourth Avenue: DHCR Adm. Rev. Docket No. VE410025RO (10/17/12) [2-pg. doc.]