Cost of Cornice Work Included

Landlord applied for MCI rent hikes based on the installation of a new roof, cornice replacement, and pointing. The DRA ruled for landlord. Tenants appealed, claiming that the new roof was only a roof cap and that the cornice and pointing work were only repairs. The DHCR ruled against tenants. Under DHCR Policy Statement 91-2, a roof cap qualifies as an MCI. Landlord proved the need for the pointing. And the cornice work was done at the same time as the roof replacement and pointing. The work was needed and was directly related to the pointing and roof installation. So landlord could include the cost of the cornice work in the MCI rent hike.

Kutz: DHCR Adm. Rev. Dckt. No. OG430126RT (12/28/00) [3-pg. doc.]