Painting/Plastering Common Areas Doesn't Qualify

LVT Number: 13626

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord, but disallowed a rent increase for painting and plastering work. Landlord appealed, claiming that the painting and plastering work was related to the intercom installation. The DHCR ruled against landlord. The painting and plastering work was to repair all wall and ceiling surfaces in the common hall, lobby, vestibule, all four floors, and the roof bulkhead area.

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord, but disallowed a rent increase for painting and plastering work. Landlord appealed, claiming that the painting and plastering work was related to the intercom installation. The DHCR ruled against landlord. The painting and plastering work was to repair all wall and ceiling surfaces in the common hall, lobby, vestibule, all four floors, and the roof bulkhead area. Since the work covered all of the building's common areas, it was ordinary maintenance and repair work, and wasn't related to a particular MCI.

Lande: DHCR Adm. Rev. Dckt. No. FF230105RO (9/20/99) [2-pg. doc.]

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