MCI Rent Hike Granted for Courtyard Rehab

LVT Number: #24205

Landlord applied for MCI rent hikes based on courtyard rehabilitation. The DRA ruled against landlord, finding that the application was untimely and that some of the work didn't qualify as an MCI. Landlord appealed and won. The work was done as part of a unified plan and consecutively timed project involving three other areas in the building complex where the same work was done. Landlord filed separate MCI applications for each of the four areas of the complex on the same date, Aug. 20, 2008, after the entire project was completed in August 2007.

Landlord applied for MCI rent hikes based on courtyard rehabilitation. The DRA ruled against landlord, finding that the application was untimely and that some of the work didn't qualify as an MCI. Landlord appealed and won. The work was done as part of a unified plan and consecutively timed project involving three other areas in the building complex where the same work was done. Landlord filed separate MCI applications for each of the four areas of the complex on the same date, Aug. 20, 2008, after the entire project was completed in August 2007. Landlord's replacement of the courtyard/walkway concrete and installation of lobby and entrance doors qualified as MCIs. Other work, including the installation of a steel fence, playground, canopies, sprinkler, and landscaping, also qualified as work directly related to the MCI.

20-53 Sea Girt Blvd: DHCR Adm. Rev. Docket No. ZF110044RO (5/4/12) [9-pg. doc.]

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