Retaining Wall Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on the construction of a retaining wall installed in connection with repaving of a parking area. The DRA ruled against landlord. Landlord appealed and lost. Landlord's application for the repaving work was untimely, since it was filed more than two years after completing the work. Landlord claimed that the retaining wall was needed for the stability and preservation of the property and the building. Landlord said that the wall supported the lateral pressure imposed by the upper parking lot, the driveway behind the building, and the pressure from the apartment foundations that were between the upper and lower parking lots. But the retaining wall work was normal maintenance and didn't qualify as an MCI. Landlord merely repaired or replaced a section of an existing retaining wall in the rear yard.

Terrace Realty Company: DHCR Adm. Rev. Docket No. WB910001RO (6/17/08) [7-pg. doc.]