Plastering and Tiling Disallowed from MCI Rent Hike

LVT Number: #23377

The DRA granted landlord's MCI rent increase application based on repiping with asbestos removal, and wall/tile replacement. Tenants appealed. They claimed that the asbestos removal was dangerous, the repiping work was defective, and that the wall/tile replacement work wasn't performed in a workmanlike manner. The DHCR ruled for tenants in part. There was no proof that the repiping work was defective. Asbestos removal standards are governed by the city agency that has authority to make a determination; the DHCR doesn't oversee asbestos removal. But the wall/tile work wasn't done properly.

The DRA granted landlord's MCI rent increase application based on repiping with asbestos removal, and wall/tile replacement. Tenants appealed. They claimed that the asbestos removal was dangerous, the repiping work was defective, and that the wall/tile replacement work wasn't performed in a workmanlike manner. The DHCR ruled for tenants in part. There was no proof that the repiping work was defective. Asbestos removal standards are governed by the city agency that has authority to make a determination; the DHCR doesn't oversee asbestos removal. But the wall/tile work wasn't done properly. In various apartments there were dry but blistered ceilings, leaks, surges of hot and cold water, and tiles not completed or chipped. The DHCR disallowed any increase for this portion of the work.

515 Cathedral Parkway: DHCR Adm. Rev. Docket No. VC430007RP (3/10/11) [7-pg. doc.]

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