Partial Parapet Wall Replacement Doesn't Qualify as MCI

LVT Number: #30561

The DRA denied landlord's application for MCI rent hikes based on cement, stucco, aluminum capping work on a parapet wall, and aluminum air vents. Landlord appealed and lost. Landlord claimed that the entire parapet wall was completely replaced and that any repairs made were needed to prevent further damage. But the DHCR noted that partial replacement of parapet walls doesn't satisfy the requirements of an MCI as the work wasn't performed on a building-wide basis.

The DRA denied landlord's application for MCI rent hikes based on cement, stucco, aluminum capping work on a parapet wall, and aluminum air vents. Landlord appealed and lost. Landlord claimed that the entire parapet wall was completely replaced and that any repairs made were needed to prevent further damage. But the DHCR noted that partial replacement of parapet walls doesn't satisfy the requirements of an MCI as the work wasn't performed on a building-wide basis. Here, the disallowed work consisted of a cement around the parapet, an acrylic stucco band around the building perimeter, new aluminum heavy gauge cap on top of the parapet wall, and 28 aluminum air vents. And while landlord now claimed that the entire parapet wall was replaced, this claim wasn't proved before either the DRA or DHCR.

Monaco I LLC: DHCR Adm. Rev. Docket No. EW710038RO (11/20/19) [2-pg. doc.]

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