No MCI Rent Hike for Rear Yard Concrete Installation

June 30, 2007

LVT Number: #19741

Landlord applied for MCI rent hikes based on the installation of rear yard concrete. The DRA ruled against landlord. Landlord appealed and lost. To get a rent hike for concrete resurfacing of courtyards and walkways, DHCR policy requires that the entire original area within the property lines be resurfaced with concrete, and that tenants have access to the installation. Here, landlord stated that the concrete work was a complete replacement of all courtyards and walkways within the building's property line. But landlord admitted that tenants don't have access to the rear yard.

Landlord applied for MCI rent hikes based on the installation of rear yard concrete. The DRA ruled against landlord. Landlord appealed and lost. To get a rent hike for concrete resurfacing of courtyards and walkways, DHCR policy requires that the entire original area within the property lines be resurfaced with concrete, and that tenants have access to the installation. Here, landlord stated that the concrete work was a complete replacement of all courtyards and walkways within the building's property line. But landlord admitted that tenants don't have access to the rear yard. Therefore, the work didn't qualify as an MCI, because tenants received no benefit from it.

10 West 74th Street: DHCR Adm. Rev. Docket No. UD430052RO (5/25/07) [3-pg. doc.]

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