Brick Restoration Work Doesn't Qualify

Landlord applied for MCI rent hikes based on restoration of a glazed brick curtain wall. The DRA denied landlord's application because this work was considered building maintenance, not an MCI. Landlord appealed, and the DHCR upheld the DRA's ruling. The restoration work was part of an ongoing maintenance program---10 percent of the bricks were replaced at a time over a four-year period. Also, the original brick wall was only nine years old and hadn't exhausted its useful life.

Whitehall Realty Company: DHCR Adm. Rev. Dckt. Nos. EE 610002-RT et al. (7/21/94) [5-page document]