MCI Increase Granted for Roof Installation Found to Be Complete, Not Partial

LVT Number: #30389

Landlord applied for MCI rent hikes based a new roof and elevator upgrading. The DRA ruled for landlord. Tenants appealed and won in part. The DHCR agreed with tenants that some sections of the roof hadn't been resurfaced with new material. Landlord then filed an Article 78 court appeal, and the case was sent back for further DHCR consideration. Based on inspection, the DHCR found that all sections of the roof had been resurfaced in 2009.

Landlord applied for MCI rent hikes based a new roof and elevator upgrading. The DRA ruled for landlord. Tenants appealed and won in part. The DHCR agreed with tenants that some sections of the roof hadn't been resurfaced with new material. Landlord then filed an Article 78 court appeal, and the case was sent back for further DHCR consideration. Based on inspection, the DHCR found that all sections of the roof had been resurfaced in 2009. The DHCR also addressed tenants' previous claim that the useful life of the old roof hadn't expired but found that neither landlord, tenants, nor the DHCR had records relating to a prior MCI rent increase granted in 1997. So the DHCR found no grounds to deny an MCI for the 2007 roof installation.

Embassy House EAT LLC: DHCR Adm. Rev. Docket No. GX410001RP (8/1/19) [2-pg. doc.]

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