Landlord Didn't Prove Roof Replacement Was an Emergency

Landlord applied for MCI rent hikes based on the installation of a new roof. But the old roof had been installed only eight years earlier. The DRA ruled against landlord because the DHCR requires that the useful life of the prior roof expire before an increase can be collected for a new one. The useful life of a roof is deemed to be 20 years. Landlord appealed, claiming that the new roof installation was needed on an emergency basis. The DHCR ruled against landlord. Landlord didn't apply for a waiver of the useful life requirement before applying for the MCI increases. And landlord didn't claim that the replacement was an emergency until after the DRA denied the MCI increase.

Verga Realty: DHCR Adm. Rev. Dckt. No. PD230052RO (6/6/01) [2-pg. doc.]