Pointing and Exterior Renovation Work Didn't Qualify as MCI

LVT Number: #23347

Landlord applied for MCI rent hikes based on pointing and exterior renovation work. The DRA ruled for landlord in part, exempting some apartments due to continuing leaks. Landlord and tenants both appealed. Tenants claimed that the work was unprofessional and incomplete. Landlord claimed that the leaks had been corrected. The DHCR ruled for tenants and revoked the MCI rent hikes. The pointing and exterior renovation work was done on all facades between March 2001 and January 2005.

Landlord applied for MCI rent hikes based on pointing and exterior renovation work. The DRA ruled for landlord in part, exempting some apartments due to continuing leaks. Landlord and tenants both appealed. Tenants claimed that the work was unprofessional and incomplete. Landlord claimed that the leaks had been corrected. The DHCR ruled for tenants and revoked the MCI rent hikes. The pointing and exterior renovation work was done on all facades between March 2001 and January 2005. But DOB records showed that additional masonry repairs were needed between July 2008 and March 2010. To qualify as an MCI, pointing and exterior renovation work must be done in a workmanlike manner so that when completed the building remains free from water seepage for a reasonable period of time. Except for normal maintenance and repairs, the building facade should remain watertight for a 25-year useful life after the MCI is completed. Clearly, landlord's work wasn't comprehensive.

110 W. 86th Street: DHCR Adm. Rev. Docket Nos. VI430071RO, VJ430070RT (2/17/11) [5-pg. doc.]

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