Common Area Flooring Qualifies as MCI

The DRA granted landlord's application for MCI rent hikes based on the replacement of common area flooring. Tenants appealed and lost. They claimed that the original flooring was never removed and disposed of as called for in the contract for the work, and that the new floor was simply placed over the old floor. Tenants argued that the cost of the unperformed removal should be deducted from the contract cost. But landlord stated that the old floor was air hammered in some areas and therefore was removed and discarded. The proof of this work included the fact that it created dust, causing tenants to file complaints with the City of Yonkers and Westchester County agencies. Tenants also claimed the old floor hadn't exceeded its useful life, but that floor was 85 years old.

Various Tenants of 1 Garret Place: DHCR Adm. Rev. Docket No. YI930052RT (10/7/11) [3-pg. doc.]