Tenants Claim New Roof Leaks

LVT Number: 10820

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord. Landlord had installed a one-ply building roof and didn't use any special materials. It was DHCR's policy that a single-ply roof didn't qualify as an MCI unless special materials were used. Landlord appealed and won. Landlord showed that a new rubberoid membrane roof was installed, which qualified as an MCI under DHCR Policy Statement 91-2. Tenants in six apartments had complained of roof leaks. If problems continued, tenants could file service complaints with the DHCR.

Landlord applied for MCI rent hikes based on the installation of a new roof. The DRA ruled against landlord. Landlord had installed a one-ply building roof and didn't use any special materials. It was DHCR's policy that a single-ply roof didn't qualify as an MCI unless special materials were used. Landlord appealed and won. Landlord showed that a new rubberoid membrane roof was installed, which qualified as an MCI under DHCR Policy Statement 91-2. Tenants in six apartments had complained of roof leaks. If problems continued, tenants could file service complaints with the DHCR.

Nassau Windsor Co.: DHCR Adm. Rev. Dckt. No. HA710206RO (6/27/96) [5-page document]

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