Tenant Exempted from MCI Increase for Roof

Landlord applied for MCI rent hikes based on the installation of a plaza-level roof. The DRA ruled for landlord but disallowed any rent increase for one apartment that had leaks from the building roof. Landlord appealed and lost. Landlord claimed that the apartment in question wasn't located beneath the plaza-level roof, so no leak had resulted from the MCI that would warrant exempting tenant from that rent increase. The DHCR found that the plaza roof was part of the roofing system of the building. The DRA had the discretion to insist that the entire roof be leak-free, so it was appropriate to exempt the tenant who was affected by roof leaks.

97-07 Horace Harding Blvd.: DHCR Adm. Rev. Docket Nos. WI110014RO, WI110038RT (5/17/13) [2-pg. doc.]