Waterproofing Didn't Qualify as MCI

LVT Number: #24972

Landlord applied for MCI rent hikes based on a number of improvements. The DRA granted an MCI increase for the installation of a hot water heater but disallowed any increase for waterproofing, resurfacing of exterior walls, and replacement of the concrete slab and cast iron drain pipe. Landlord appealed and lost. Waterproofing by itself, without pointing performed as needed on all exposed sides, doesn't qualify as an MCI. Landlord's resurfacing didn't qualify because landlord replaced only the stucco and didn't replace brick or masonry.

Landlord applied for MCI rent hikes based on a number of improvements. The DRA granted an MCI increase for the installation of a hot water heater but disallowed any increase for waterproofing, resurfacing of exterior walls, and replacement of the concrete slab and cast iron drain pipe. Landlord appealed and lost. Waterproofing by itself, without pointing performed as needed on all exposed sides, doesn't qualify as an MCI. Landlord's resurfacing didn't qualify because landlord replaced only the stucco and didn't replace brick or masonry. The replacement of the concrete slab and cast iron drain pipe constituted only ordinary repair and maintenance and didn't qualify as an MCI.

413 West 47th Street: DHCR Adm. Rev. Docket No. WK410006RO (6/27/13) [1-pg. doc.]

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