Landlord Didn't File Useful Life Waiver Request

Landlord applied for MCI rent hikes based on exterior pointing, along with related costs of project manager fees and sidewalk bridging. The DRA ruled for landlord and tenants appealed. They claimed landlord didn't file a request for a waiver of useful life before starting the exterior pointing work. Landlord claimed none was needed. The DHCR ruled for tenants and revoked the rent increase. A prior MCI increase was granted in 1999 for pointing and waterprofing that was completed in June 1998. The DRA asked landlord to expain why a new MCI increase was sought in 2009. Landlord stated that the previous work wasn't a comprehensive pointing job. But the DHCR said there was no basis for landlord's claim and landlord should have requested a waiver of the 15-year useful life for pointing work before starting the MCI.

141 East 33rd Street: DHCR Adm. Rev. Docket No. XC410074RT (6/24/10) [3-pg. doc.]