Public Sidewalk Doesn't Qualify as MCI

Yonkers landlord applied for MCI rent hikes based on the installation of a new sidewalk in front of the building. The DRA ruled against landlord, who appealed and lost. It is long-established DHCR policy that a public sidewalk constitutes ordinary repairs and maintenance and doesn't qualify as an MCI. "Walkways," as used in the DHCR's useful life policy and Tenant Protection Regulations, refers to concrete areas within the property line of the building, not the public sidewalk.

94 Linden LLC: DHCR Adm. Rev. Docket No. GM910010RO (4/13/18) [1-pg. doc.]