Facade Work Incomplete

(Decision submitted by David Hershey-Webb, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenants.) Landlord applied for MCI rent hikes based on pointing and facade renovation. The DRA ruled for landlord in part, but disallowed increases for six apartments where its inspector found leaks. Both landlord and tenants appealed. Tenants claimed that the pointing and exterior restoration work was unprofessional and incomplete, and no increase should have been granted. The DHCR ruled for tenants and revoked the MCI increases. Landlord finished the work in 2005, but more work was needed to make the building structurally sound and free from exterior seepage for a reasonable time. DOB records showed that masonry repairs were done between 2008 and 2010. Landlord argued that the additional work was done for Local Law 11 compliance. But that didn't matter. The need for additional repairs after the MCI was completed showed that the MCI wasn't done in a workmanlike manner.

110 W. 86 LLC/110 W. 86th St. Tenants Association: DHCR Adm. Rev. Docket Nos. VI430071RO, VJ430070RT (2/17/11) [5-pg. doc.]