Landlord Didn't Replace All Parapets

(Decision submitted by Rose Ann Magaldi of the Manhattan law firm of Hartman, Ule, Rose & Ratner, attorneys for the tenants.) Landlord applied for MCI rent hikes based on replacement of a roof parapet wall located on the 20th floor of the building. Tenants objected, citing continued leaks and claiming that the improvement wasn't building-wide. The DHCR ruled against landlord, and landlord appealed. The court found that the DHCR's decision was reasonable, and ruled against landlord. The building was built in a ''wedding cake'' structure. So, the 20th-floor parapet wall didn't cover the full dimension of all the floors below. The MCI wasn't building-wide because the parapets below the 20th floor weren't replaced. Notably, as a result, a number of apartments still experienced water infiltration.

Rudin Management Co. v. NYS DHCR: NYLJ, p. 23, col. 1 (3/9/94) (Sup. Ct. NY; Cahn, J)