Garage Roof, Asbestos Removal, and Sidewalk Bridge Included in MCI Costs

The DRA granted landlord's application for MCI rent hikes based on installation of a new building roof, new garage roof, pointing, and architectural services in connection with the work. Tenants appealed and lost. Tenants objected to paying for the garage roof increase since they didn't use the garage. And they objected to the inclusion of asbestos removal and sidewalk bridge costs. The DHCR noted that the garage roof was attached to, and formed an extension of, the building structure. So its preservation was required in order to maintain the structural integrity of the building, and its replacement constituted an MCI. The asbestos removal costs also were properly included in the MCI costs since it was connected with, and directly related to, the new roof installation. And it is the DHCR's policy to include the cost of a sidewalk bridge installed during roof and pointing work as necessary work done in connection with an MCI.

Greene/Swinton: DHCR Adm. Rev. Docket Nos. ER610012RT, EP610049RT (5/3/18) [3-pg. doc.]