Basement Steps, Retaining Wall, and Iron Fence Don't Qualify as MCIs

LVT Number: #25239

The DRA granted landlord's application for MCI rent hikes based on pointing and waterproofing, intercoms, and a chimney. But the DRA denied landlord's application for MCI rent hikes based on installation of basement steps, a retaining wall, and an iron fence. Landlord appealed and lost. Landlord claimed that these items were installed in connection with a qualifying MCI. But landlord didn't completely resurface the entire area within the property lines of the building. So the basement steps didn't qualify.

The DRA granted landlord's application for MCI rent hikes based on pointing and waterproofing, intercoms, and a chimney. But the DRA denied landlord's application for MCI rent hikes based on installation of basement steps, a retaining wall, and an iron fence. Landlord appealed and lost. Landlord claimed that these items were installed in connection with a qualifying MCI. But landlord didn't completely resurface the entire area within the property lines of the building. So the basement steps didn't qualify. And the iron gate and retaining wall weren't MCIs or directly related to the pointing. These items didn't qualify for MCI increases and were properly disallowed.

559-63-67 West 191st Street: DHCR Adm. Rev. Docket No. XC430023RO (10/25/13) [2-pg. doc.]

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