All Tenants Benefit from Balcony Replacement

Landlord applied for MCI rent hikes based on aluminum capping, balcony reconstruction, corner reconstruction, crack repairs, facebrick replacement, pointing and waterproofing, scaffolding, shelf angle, and spandel replacement. The DRA ruled for landlord. Two tenants appealed, claiming that their apartments didn't have balconies, so they shouldn't have to pay any rent increase for balcony reconstruction. Tenants also claimed that there were brick leaks in various apartments. The DHCR ruled against tenants. No tenants had complained to the DRA about leaks after getting notice of landlord's pending MCI application. So they couldn't raise this issue on appeal. And the balcony reconstruction work benefited all tenants in the building. It maintained the building in a watertight condition and protected the structural integrity.

4750 Bedford Avenue: DHCR Adm. Rev. Docket No. VE210061RT (7/3/09) [5-pg. doc.]