Iron Fence and Gate Don't Qualify as MCIs

LVT Number: #23171

Landlord applied for MCI rent hikes based on the installation of a new iron fence and gate. The DRA ruled against landlord, finding that this installation wasn't an MCI. Landlord appealed and lost. Landlord claimed that the fence and gate were needed to prevent trespassers from going into the basement and courtyard of the building and were needed to secure and protect the property. But the DHCR considers this regular maintenance work that doesn't qualify as an MCI.

Landlord applied for MCI rent hikes based on the installation of a new iron fence and gate. The DRA ruled against landlord, finding that this installation wasn't an MCI. Landlord appealed and lost. Landlord claimed that the fence and gate were needed to prevent trespassers from going into the basement and courtyard of the building and were needed to secure and protect the property. But the DHCR considers this regular maintenance work that doesn't qualify as an MCI.

610 Marlborough Road: DHCR Adm. Rev. Docket No. VL210011RO (12/22/10) [2-pg. doc.]

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