MCI Increase Granted for Asbestos Removal During New Roof Installation
LVT Number: #31009
Landlord applied to the DHCR for MCI rent hikes based on installation of a new roof, along with asbestos removal. The DRA ruled for landlord. Tenant appealed and lost. Tenant argued that the roof had collapsed prematurely due to the weight of cellphone towers installed there. This caused flooding and other damage to two apartments. Tenant also claimed that asbestos had to be removed from the building due to landlord's negligence, and that it wasn't removed in accordance with prescribed safety standards.
The DHCR noted that, even if the prior roof had been damaged, it was 47 years old and had exceeded its useful life. So the new roof qualified for MCI rent increases. The asbestos removal was completed in connection with, and was directly related to, the roof replacement. So, under Rent Stabilization Code Section 2522.4 and DHCR Policy Statement 89-8, it also qualified as an MCI. The DHCR relied on DEP's Asbestos Removal Certificate and couldn't otherwise ruled on whether landlord met environmental safety standards when removing asbestos.
Winks: DHCR Adm. Rev. Docket No. FV210022RT (9/4/20) [2-pg. doc.]
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