Facade Work Not Performed Under Unified Plan

Landlord applied for MCI rent hikes based on lintels, masonry, and steel work. The DRA ruled against landlord, finding that the work wasn't performed as part of a consecutively timed project. Landlord appealed and lost. Facade work, which may include pointing, waterproofing, masonry, lintels, etc., constitutes an MCI if it's part of a unified plan and a consecutively timed project and completed within a reasonable time frame. Landlord's documentation showed that the work was done piecemeal and was only ordinary repair and maintenance. In this case, one contractor performed exterior renovation, including masonry and steel work, between July 2002 and May 2003. The contractor then was replaced and a second contractor performed masonry work including re-bricking, waterproofing, and repointing between December 2003 and September 2004. The contractor then repaired the fifth-floor spandrel beam between January 2004 and May 2004. Finally, the contractor replaced lintels and did pointing between April 2005 and June 2005. Landlord didn't demonstrate that its intention from the outset was to perform a unified and consecutively timed building-wide exterior restoration.

308 W. 82nd Street: DHCR Adm. Rev. Docket No. VC430098RO (1/12/12) [3-pg. doc.]