Brownstone Facade Work Doesn't Qualify

LVT Number: 18892

Landlord applied for MCI rent hikes for resurfacing of the building's front facade. The DRA ruled against landlord, finding that the work done was for repair and maintenance. Landlord appealed and lost. To qualify as an MCI, resurfacing of exterior walls must consist of brick or masonry or replacement of stucco, and all exposed sides of the building must be resurfaced. If the building is a brownstone, like landlord's building, resurfacing of the other sides isn't required as long as landlord does pointing and waterproofing to the other sides.

Landlord applied for MCI rent hikes for resurfacing of the building's front facade. The DRA ruled against landlord, finding that the work done was for repair and maintenance. Landlord appealed and lost. To qualify as an MCI, resurfacing of exterior walls must consist of brick or masonry or replacement of stucco, and all exposed sides of the building must be resurfaced. If the building is a brownstone, like landlord's building, resurfacing of the other sides isn't required as long as landlord does pointing and waterproofing to the other sides. Since landlord didn't do pointing and waterproofing on the other areas not resurfaced, the work didn't qualify as an MCI.

166 Washington Park: DHCR Adm. Rev. Dckt. No. TJ210038RO (4/5/06) [2-pg. doc.]

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