No MCI Rent Hike for Leaking Roof

LVT Number: #22475

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord because the roof was defective. Landlord appealed and lost. Tenants claimed that the roof leaked. DHCR inspection confirmed that, after the MCI work, there was moisture on the ceilings of two top-floor apartments. Since the new roof failed to prevent continuing water penetration, it didn’t qualify as an MCI.

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord because the roof was defective. Landlord appealed and lost. Tenants claimed that the roof leaked. DHCR inspection confirmed that, after the MCI work, there was moisture on the ceilings of two top-floor apartments. Since the new roof failed to prevent continuing water penetration, it didn’t qualify as an MCI.

Fenstermacher/Gardenview, LLC: DHCR Adm. Rev. Docket Nos. XJ710028RT, XJ710035RO (1/8/10) [3-pg. doc.]

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