Polyurethane Roof Cap Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on a new roof installation. The DRA ruled against landlord, finding that the work done didn't qualify as an MCI. Landlord had installed a GE polyurethane foam roofing system over the existing roof. Landlord appealed, claiming that the installation was new technology and would last 12 years, which was more than conventional asphalt-based materials. The DHCR ruled against landlord. Landlord's two-course application was a roof cap. Under DHCR Policy Statement 91-2, the entire roof must be removed and replaced with new roofing material to qualify as an MCI. Landlord pointed out that in another case the DHCR approved a roof installation using new technology materials, but in that case the material contained rubber, which the DHCR has recognized as an acceptable roofing material.

18-08 21st Avenue: DHCR Adm. Rev. Docket No. TE110079RO (4/8/08) [2-pg. doc.]