Garage Roof Not Connected to Apartment Building Doesn't Qualify as MCI

The DRA denied landlord's application for an MCI rent hike based on the installation of a new garage roof. Landlord appealed and lost. The DHCR's position is that replacement of a garage roof by itself doesn't qualify as an MCI since garages are usually not required for the operation, preservation, and maintenance of a residential building. An exception applies only for garages that are attached to and form an extension of the residential building. Since landlord's garage wasn't attached to the building, the work didn't qualify as an MCI.

Hall Avenue Associates, LLC: DHCR Adm. Rev. Docket No. EX910002RO (3/16/18) [2-pg. doc.]