Hallway Flooring and Staircases Qualified as MCIs

The DRA granted landlord's application for MCI rent hikes based on hallway flooring and staircase installations. Tenants appealed and lost. They claimed that the work consisted of only the replacement of old stair treads and landings between the stairs on the existing metal structure, and didn't qualify as an MCI. But complete replacement of the flooring in all public areas, including the hallway floors, lobby, and stairs, qualified as an MCI for which a rent increase may be warranted. And complete replacement of all landings and risers of a staircase also qualified as an MCI. Landlord's new flooring and risers were installed from the ground through 6th floors of the building. The fact that new tiles were laid over the old tiles on the lobby and front vestibule floors wasn't grounds to deny an increase for the hallway flooring. It also wasn't possible in this building to demolish the old tiles without compromising the fire-rated blocking between the basement and the ground floor. It also was undisputed that the replaced flooring was more than 80 years old and its useful life had therefore expired.

Puttre-Czyz/Various Tenants: DHCR Adm. Rev. Docket No. FO430031RT (1/16/20) [2-pg. doc.]