Waterproofing Work Benefited Commercial Tenant

July 31, 2003

LVT Number: 16723

Landlord applied for MCI rent hikes based on masonry and waterproofing. The DRA ruled against landlord, and landlord appealed. The DHCR ruled for landlord in part. Landlord was entitled to an MCI rent hike for the work done. But the cost allocable to rent-stabilized tenants was reduced by 11 percent. A ground-floor commercial tenant also got the benefit of the waterproofing, even though the work was done to the courtyard and rear of the building. So landlord couldn't charge the full cost of the MCI to the rent-stabilized tenants.

Landlord applied for MCI rent hikes based on masonry and waterproofing. The DRA ruled against landlord, and landlord appealed. The DHCR ruled for landlord in part. Landlord was entitled to an MCI rent hike for the work done. But the cost allocable to rent-stabilized tenants was reduced by 11 percent. A ground-floor commercial tenant also got the benefit of the waterproofing, even though the work was done to the courtyard and rear of the building. So landlord couldn't charge the full cost of the MCI to the rent-stabilized tenants.

Bambi Realty Corp.: DHCR Adm. Rev. Dckt. No. RD130049RO (6/4/03) [2-pg. doc.]

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