Parapet and Skylight Replacement Qualified as MCIs

LVT Number: #28232

The DRA granted landlord's application for MCI rent hikes based on facade work, including pointing, waterproofing, and related work, along with installation of a new roof and parapet replacement. Tenants appealed and lost. They claimed that the pointing work wasn't done on the entire building and objected to other related work included in the MCI. But pointing and waterproofing need not be done to every area of the building, only "as necessary" on all exposed sides of a building. The complete replacement of parapets also qualified as an MCI.

The DRA granted landlord's application for MCI rent hikes based on facade work, including pointing, waterproofing, and related work, along with installation of a new roof and parapet replacement. Tenants appealed and lost. They claimed that the pointing work wasn't done on the entire building and objected to other related work included in the MCI. But pointing and waterproofing need not be done to every area of the building, only "as necessary" on all exposed sides of a building. The complete replacement of parapets also qualified as an MCI. The condition of the pre-existing parapets didn't matter. Landlord also replaced all six skylights, which were an integral part of the new roof installed. 

Drew/Mazzarelli: DHCR Adm. Rev. Docket No. ES430025RT (12/29/17) [2-pg. doc.]

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