Concrete Replacement Work Didn't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of new concrete yards at its building. The DRA ruled against landlord, who appealed and lost. To qualify as an MCI, concrete resurfacing must involve the complete removal of the previous surface and the resurfacing of the entire original area within the property lines of a premises. The building's tenants also must have access to the installation, and landlord must provide the square footage of the entire original area that was resurfaced in order to qualify. Landlord's work entailed the breaking up and replacing of concrete in the building's front areaway and the installation of a new cement border for the fence in the front yard of the building. The work wasn't a complete resurfacing of the entire original area within the property lines and therefore didn't qualify as an MCI. 

Scagnelli: DHCR Adm. Rev. Docket No. EV230006RO (12/14/18) [2-pg. doc.]