Cracks and Leaks Continued After Pointing Work

Landlord applied for MCI rent hikes based on pointing, waterproofing, exterior, and masonry work. The DRA ruled against landlord, finding that the improvements weren't done in a workmanlike manner. The DHCR inspection showed that the outside east wall at the basement door was cracked, the A line wall was cracked through all six floors, various courtyard walls were cracked near fire escapes or windows, and the walls or ceilings of several apartments were cracked or had leak stains. Landlord appealed, claiming that the cracks were caused by improper construction work done at the building next door.
The DHCR ruled against landlord. Although landlord's pointing work was properly performed and landlord presented proof of its claim concerning the other building, landlord's temporary repairs weren't sufficient to ensure that tenants would benefit from the MCI work. The DHCR inspection showed cracks on exterior walls and in apartments and related leak damage. It didn't matter that the damage occurred after the work was done or that it was caused by outside sources. The building wasn't watertight and structurally sound at the time of inspection.

31 Ocean Parkway: DHCR Adm. Rev. Docket No. VK230089RO (3/6/09) [4-pg. doc.]