Concrete Garage Roof Decks Qualify

February 1, 1994

LVT Number: 8566

Landlord applied for MCI rent hikes based on replacement of three concrete roof decks, which formed the roof of the building's garage. The DRA ruled for landlord, and tenant appealed. Tenant claimed that he didn't use the garage. The DHCR ruled against tenant. The roof decks were an integral part of the building structures. The roofs served as the deck for apartments on the first floor and part of the fire escape route for many apartments above the first floor. The replacement of the decks benefitted all tenants of the building complex whether or not they used the garage.

Landlord applied for MCI rent hikes based on replacement of three concrete roof decks, which formed the roof of the building's garage. The DRA ruled for landlord, and tenant appealed. Tenant claimed that he didn't use the garage. The DHCR ruled against tenant. The roof decks were an integral part of the building structures. The roofs served as the deck for apartments on the first floor and part of the fire escape route for many apartments above the first floor. The replacement of the decks benefitted all tenants of the building complex whether or not they used the garage.

Leavey: DHCR Adm. Rev. Dckt. No. CD 710148-RT (12/24/93) [3-page document]

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