Waterproofing, Front Step Replacement Don't Qualify as MCIs

LVT Number: #25146

Landlord applied for MCI rent hikes based on the installation of front stairs and exterior wall work. The DRA ruled against landlord, who appealed and lost. Comprehensive pointing and waterproofing where needed qualify as MCIs. But waterproofing by itself doesn't qualify as an MCI. So landlord's patching, painting, and waterproofing were correctly disallowed. Replacement of front entrance steps by themselves also didn't qualify but was considered a repair unless done in connection with an MCI such as replacement of an entire cement area within the property line.

Landlord applied for MCI rent hikes based on the installation of front stairs and exterior wall work. The DRA ruled against landlord, who appealed and lost. Comprehensive pointing and waterproofing where needed qualify as MCIs. But waterproofing by itself doesn't qualify as an MCI. So landlord's patching, painting, and waterproofing were correctly disallowed. Replacement of front entrance steps by themselves also didn't qualify but was considered a repair unless done in connection with an MCI such as replacement of an entire cement area within the property line.

1828 Putnam Avenue: DHCR Adm. Rev. Docket No. AR110031RO (9/6/13) [1-pg. doc.]

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