Rent Hike Granted for Plaza-Level Roof Installation

June 30, 2011

LVT Number: #23459

The DRA granted landlord's MCI rent hike application based on a plaza-level roof installation. Tenant appealed and lost. Tenant pointed out that the plaza-level roof was installed over the building entrance and parking garage, and argued that she didn't use either area and didn't benefit from its installation. But the roof was attached to, and formed an extension of, the building, and its preservation was required to maintain the structural integrity of the building. So the work benefited all tenants in the building whether or not they used the roof. The work qualified as an MCI.

The DRA granted landlord's MCI rent hike application based on a plaza-level roof installation. Tenant appealed and lost. Tenant pointed out that the plaza-level roof was installed over the building entrance and parking garage, and argued that she didn't use either area and didn't benefit from its installation. But the roof was attached to, and formed an extension of, the building, and its preservation was required to maintain the structural integrity of the building. So the work benefited all tenants in the building whether or not they used the roof. The work qualified as an MCI.

98-40 57 Avenue: DHCR Adm. Rev. Docket No. YD110076RT (5/27/11) [2-pg. doc.]

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