Landlord Failed to Seek Useful Life Waiver for Exterior Restoration Work

Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing and exterior restoration work. The DRA ruled against landlord, finding that an MCI increase had previously been granted in 2001 for restoration work that had not yet exhausted its 25-year useful life. Landlord appealed and lost. Landlord claimed that the DRA failed to address its request for waiver of the useful life requirement. Landlord didn't apply to the DHCR, as required, for a waiver of the useful life requirement. The point and waterproofing work done here wasn't separate and independent from the exterior restoration work performed. 

BSF Inwood Holding, LLC: DHCR Adm. Rev. Docket No. KP410014RO (4/4/24)[3-pg. document]