Partial Roof Replacement Doesn't Qualify

Landlord applied for MCI rent hikes based on a new roof installation. The DRA ruled against landlord, finding that landlord only partially replaced the roof. Landlord appealed, stating that he entirely replaced the uppermost roof area, and that the surfaces that weren't replaced were actually terraces that didn't need repair. The DHCR ruled against landlord. Landlord's floor plans showed that the building had setbacks on different levels forming terraces that also served as roofs over the building spaces below them. DHCR policy regarding roof systems consisting of both a top-level roof and terraces is that if the uppermost roof and terraces are constructed of the same materials, they are considered a single roof system. To qualify as an MCI, the entire roof system must be replaced. Landlord admitted that the same type of material was installed on the terraces as on the main roof, and stated that only three out of seven terrace surfaces were replaced.

236 East 36th Street: DHCR Adm. Rev. Docket No. UD410013RO (2/14/08) [2-pg. doc.]