Building-Wide Installation of Flooring Qualifies

May 31, 2004

LVT Number: 17358

Landlord applied for MCI rent hikes based on the installation of new subflooring, as well as new flooring consisting of carpets and linoleum. The DRA ruled against landlord and said that this work didn't qualify as an MCI. Landlord appealed and won. In another case, a court had overruled the DHCR's policy on denying MCI rent hikes for new flooring. The DHCR now considers building-wide installation of flooring to be an MCI. An inspection showed that the public hallways and stairways had all been covered with new linoleum, along with three small new carpets.

Landlord applied for MCI rent hikes based on the installation of new subflooring, as well as new flooring consisting of carpets and linoleum. The DRA ruled against landlord and said that this work didn't qualify as an MCI. Landlord appealed and won. In another case, a court had overruled the DHCR's policy on denying MCI rent hikes for new flooring. The DHCR now considers building-wide installation of flooring to be an MCI. An inspection showed that the public hallways and stairways had all been covered with new linoleum, along with three small new carpets.

DiMarco: DHCR Adm. Rev. Dckt. No. QE130051RO (3/4/04) [3-pg. doc.]

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