Sidewalk Bridge Cost Limited to Period of Actual MCI Work

LVT Number: #20133

Landlord applied for MCI rent hikes based on facade restoration, including waterproofing. The DRA ruled for landlord, except that the DRA limited the cost of a sidewalk bridge to the cost of maintaining it for four months starting in February 2000. Landlord appealed, pointing out that the sidewalk bridge had been installed in 1999. The DHCR ruled for landlord in part. The bridge had been installed in 1999 due to falling debris from the building that resulted in a building violation. The sidewalk bridge remained in place until March 2001.

Landlord applied for MCI rent hikes based on facade restoration, including waterproofing. The DRA ruled for landlord, except that the DRA limited the cost of a sidewalk bridge to the cost of maintaining it for four months starting in February 2000. Landlord appealed, pointing out that the sidewalk bridge had been installed in 1999. The DHCR ruled for landlord in part. The bridge had been installed in 1999 due to falling debris from the building that resulted in a building violation. The sidewalk bridge remained in place until March 2001. But landlord didn't obtain a permit for the facade work until February 2000. At that time the materials for the work also were delivered. So the DHCR allowed an MCI rent hike for the cost of maintaining the sidewalk bridge for 13 months.

160 Front Street: DHCR Adm. Rev. Docket No. UC410010RP (10/5/07) [5-pg. doc.]

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