Facade Resurfacing Work Didn't Qualify

Landlord applied for MCI rent hikes based on waterproofing and sandstone resurfacing to the front of its building. The DRA ruled against landlord, finding that the work didn't qualify as an MCI. Landlord appealed and lost. The DHCR's policy is that waterproofing by itself doesn't qualify as an MCI. Waterproofing and pointing done on all sides of a building as needed can qualify as an MCI. For resurfacing of exterior walls to qualify as an MCI, the work must consist of brick or masonry or replacement of stucco, and all exposed sides of the building must be resurfaced. Landlord's work consisted of removing all loose and deteriorating sandstone from the entire facade of the building and making necessary repairs with sandstone. Landlord also waterproofed the entire facade with thorolastic cementitious coating to match the existing color and texture. This work doesn't qualify as an MCI. Contrary to landlord's claim, this isn't the same as pointing. And landlord had stated in its application that only waterproofing work was done and that no brickwork or pointing work was done on the building facade.

227 Sullivan Street: DHCR Adm. Rev. Docket No. WC410021RO (6/5/08) [3-pg. doc.]