Inspection Conducted More than Six Years After Roof Work Done

Landlord applied for MCI rent hikes based on a new roof installation. The DRA ruled for landlord. Tenants appealed and won. An inspection conducted more than six years after the work was done showed that the roof work was defective and didn't qualify for an MCI. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord claimed that the DHCR's inspection of the roof more than six years after the work was done didn't show the quality of the work at the time it was done. The leaks found during that inspection could have been caused by recent heavy snowfalls. The court ruled against landlord. The DHCR's decision was reasonable. The DHCR's inspection confirming leaks and defects was reliable, since there was no proof that the defects were due to wear and tear or vandalism, rather than an unworkmanlike installation.

Efpol Realty Co. v. DHCR: NYLJ, 8/8/03, p. 19, col. 5 (Sup. Ct. NY; Schlesinger, J)