MCI Rent Hike Granted for Facade Work to One Side of Building

March 18, 2019

LVT Number: #29990

The DRA granted landlord's application for MCI rent hikes based on facade work and installation of a closed circuit TV security system. Tenants appealed and lost. Tenants claimed that the facade installation was routine maintenance work to repair leaks from the building's outside walls and therefore didn't qualify as an MCI. Tenants also argued that a tenant not residing on the side of the building where the work was done should be exempt. The DHCR noted that the northwest wall facade work impacted the integrity of the building and directly or indirectly benefitted all tenants.

The DRA granted landlord's application for MCI rent hikes based on facade work and installation of a closed circuit TV security system. Tenants appealed and lost. Tenants claimed that the facade installation was routine maintenance work to repair leaks from the building's outside walls and therefore didn't qualify as an MCI. Tenants also argued that a tenant not residing on the side of the building where the work was done should be exempt. The DHCR noted that the northwest wall facade work impacted the integrity of the building and directly or indirectly benefitted all tenants. The fact that the work was done to correct defective conditions didn't bar an MCI rent hike.

Various Tenants of 611 W 158th Street: DHCR Adm. Rev. Docket No. BX430050RT (1/4/19) [2-pg. doc.]

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