Foundation Repair Included

March 1, 2003

LVT Number: 16426

Landlord applied for MCI rent hikes based on the replacement of windows, new roofs, pointing and facing, vinyl siding, new entrance doors, and foundation repairs. The DRA ruled for landlord. Tenants appealed, claiming that foundation repairs were needed because the building complex foundations were collapsing. Tenants argued that this work wasn't an MCI. The DHCR ruled against tenants. Foundation repairs required for the operation, preservation, and maintenance of the structure qualify as MCIs.

Landlord applied for MCI rent hikes based on the replacement of windows, new roofs, pointing and facing, vinyl siding, new entrance doors, and foundation repairs. The DRA ruled for landlord. Tenants appealed, claiming that foundation repairs were needed because the building complex foundations were collapsing. Tenants argued that this work wasn't an MCI. The DHCR ruled against tenants. Foundation repairs required for the operation, preservation, and maintenance of the structure qualify as MCIs.

Brown/Marchesi: DHCR Adm. Rev. Dckt. No. PD930027RT (1/28/03) [3-pg. doc.]

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