Iron Railings Costs Disallowed in Connection with Parapet Installation

July 24, 2017

LVT Number: #27792

Landlord applied for MCI rent hikes based on parapet replacement. The DHCR ruled for landlord but disallowed the cost of installation and painting of iron railings at the front and rear of the building and of filing fees. Landlord appealed and lost. Generally, the installation of iron railings, by itself, is considered ordinary repair. There were no parapets on the front or rear of the building where the iron railings were installed and painted. And the railings weren't installed to achieve a required parapet height under DOB regulations, which would qualify as an MCI cost. 

Landlord applied for MCI rent hikes based on parapet replacement. The DHCR ruled for landlord but disallowed the cost of installation and painting of iron railings at the front and rear of the building and of filing fees. Landlord appealed and lost. Generally, the installation of iron railings, by itself, is considered ordinary repair. There were no parapets on the front or rear of the building where the iron railings were installed and painted. And the railings weren't installed to achieve a required parapet height under DOB regulations, which would qualify as an MCI cost. 

Unger/Various Tenants: BQ430048RO, BT430053RT (6/2/17) [4-pg. doc.]

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