Roof Repairs Don't Qualify

LVT Number: 9749

Landlord applied for MCI rent hikes based on a number of improvements, including installation basement doors, a boiler/burner, a hot water heater, and a roof. The DRA disallowed any rent increase for the roof work, finding that it constituted repairs.Landlord appealed, claiming that the roof was completely replaced. The DHCR ruled against landlord.Documents showed that roofing paper wasn't installed over the whole roof and the roof was merely covered with a tar-based preparation.

Landlord applied for MCI rent hikes based on a number of improvements, including installation basement doors, a boiler/burner, a hot water heater, and a roof. The DRA disallowed any rent increase for the roof work, finding that it constituted repairs.Landlord appealed, claiming that the roof was completely replaced. The DHCR ruled against landlord.Documents showed that roofing paper wasn't installed over the whole roof and the roof was merely covered with a tar-based preparation. In addition, an inspection showed that new roofing had only been installed on part of the old roof and the work performed was in the nature of repairs.

Weiss: DHCR Adm. Rev. Dckt. No. CH 230156 RO (1/27/95) [3-page document]

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