Cost of Repairing Retaining Wall Included

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord in part, but disallowed any rent hike for replacement or repair of eight retaining walls. Landlord appealed, claiming that the retaining wall work was done in connection with the installation of new interior walkways and repaving of interior roadways, which qualified as MCIs. Landlord argued that the retaining walls were needed to prevent the ground beneath the new walkways and newly resurfaced roadways from eroding and damaging the walkways and roadways. The DHCR ruled for landlord in part. That portion of the cost of the retaining wall installations that was related to protecting the roadways and walkways was approved for inclusion in the MCI. The DHCR approved $30,000 of landlord's claimed cost of $90,000.

Samson Mgmt., LLC: DHCR Adm. Rev. Dckt. No. SC930009RP (4/14/05) [15-pg. doc.]