Interior Wall Work and Repainting Don't Qualify as MCIs

Landlord applied for MCI rent hikes for new windows as well as some interior and repainting work. The DRA ruled against landlord, finding that landlord failed to file its application within two years from completion of the window installation. And the other work done was repair and maintenance, not an MCI. Landlord appealed and lost. Landlord claimed that more than 80 percent of the building’s windows were replaced and that its application was timely. The last three windows were installed in one apartment pursuant to a court settlement agreement on Oct. 29, 2003. But landlord filed its application on April 27, 2005. Landlord’s contractor certified that the window installation was completed on March 28, 2003. The rest of the work performed--interior walls, frame repairs, and repainting--doesn’t qualify as MCIs.

7 East 75th Street: DHCR Adm. Rev. Docket No. TI430068RO (6/4/09) [2-pg. doc.]