ROOF

MCI Rent Increase for Partial Roof Replacement Disallowed

October 26, 2020    

Landlord applied for MCI rent hikes based on exterior restoration and installation of a new roof, along with related architect's fees and sidewalk shed. The DRA ruled for landlord.

MCI Increase Granted for New Garage Roof that Doubled as Courtyard

October 21, 2019    

Landlord applied for MCI rent hikes based on the installation of a new garage roof that functioned as a courtyard. The DRA ruled for landlord but disallowed the costs of the garage walls and interior, foundation...

MCI Increase Revoked Because Penthouse Roofs Not Replaced

July 27, 2018    

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenants.)

The DRA granted landlord's...

DHCR Disallowed Some Costs Landlord Claimed Were Part of Garage Roof MCI

March 26, 2018    

Landlord applied for MCI rent hikes based on garage roof improvements. The DRA ruled for landlord in part but disallowed some of landlord's claimed costs. Landlord appealed and lost. Landlord argued that painting...

Landlord Claims Skylights Installed in Connection with New Roof

September 28, 2016    

Landlord applied for MCI rent hikes based on the installation of skylights. The DRA ruled against landlord because the work wasn’t done in connection with installation of a new roof. Landlord appealed, and the...

15-Year Useful Life of Roof Had Expired

January 27, 2016    

Landlord applied for MCI rent hikes based on a new roof and facade restoration with related engineering costs. The DRA ruled for landlord in part but excluded certain unrelated work. Landlord and tenant both appealed...

Roof Coating Didn't Qualify as MCI

December 21, 2015    

Landlord applied for MCI rent hikes based on pointing and waterproofing and a roof installation. The roof work consisted of application of spray polyurethane foam (SPF) onto the pre-existing roof surface, followed by...

Cost of Prior Roof Work Deducted from Approved Cost of Roof Replacement

October 22, 2015    

The DRA denied landlord’s application for MCI rent hikes based on a new roof installation. Landlord appealed and won, in part. Landlord proved that a comprehensive roof replacement was performed. Tenants didn...

No MCI Increase for Incomplete Roof Replacement

July 14, 2014    

Landlord applied for MCI rent hikes based on various improvements. The DRA granted rent increases for the installation of apartment windows, rewiring, pointing, a main entrance door, and courtyard improvements. But...

Tenant Exempted from MCI Increase for Roof

July 12, 2013    

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...

Facade Work Not Performed as Unified Project with Roof Replacement

February 5, 2013    

Landlord applied for MCI rent hikes based on roof and building facade work. The DRA ruled for landlord in part, but disallowed $780,000 of claimed costs. The DRA found that the work had been performed in two separate...

Spray Foam Roofing Doesn't Qualify as MCI

December 11, 2012    

Landlord applied to the DHCR for MCI rent hikes based on spray foam roofing. The DRA ruled against landlord, who appealed and lost. Under long-standing agency practice and DHCR Policy Statement 91-2, spray foam...