Increase Granted for Roof and Intercom System

March 1, 1994

LVT Number: 8643

Yonkers landlord applied for MCI rent increases based on the installation of a new roof and intercom system, costing over $30,000. The DRA granted landlord's application. Tenant appealed, claiming that the work done should be considered repairs, not an MCI. Tenant also complained that she'd just gotten an MCI increase for a new boiler. The DHCR ruled against tenant. Landlord's installation qualified as an MCI. The work was required for the operation, preservation, and maintenance of the structure.

Yonkers landlord applied for MCI rent increases based on the installation of a new roof and intercom system, costing over $30,000. The DRA granted landlord's application. Tenant appealed, claiming that the work done should be considered repairs, not an MCI. Tenant also complained that she'd just gotten an MCI increase for a new boiler. The DHCR ruled against tenant. Landlord's installation qualified as an MCI. The work was required for the operation, preservation, and maintenance of the structure. It wasn't merely repairs, but work that materially added to the value of the building and prolonged its life. The boiler issue wasn't relevant to the current rent increase.

Sussman: DHCR Adm. Rev. Dckt. No. CC 810139-RT (1/21/94) [2-page document]

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