MCI Rent Hike Granted for Plaza-Level Roof

September 30, 2011

LVT Number: #23648

Landlord applied for MCI rent hikes based on the installation of a plaza-level roof. Tenant appealed and lost. She claimed that the roof was an outdoor parking lot that was unconnected to the building, which she didn't use and got no benefit from. But the roof was properly installed, and the fact that it was also used for parking didn't bar the MCI rent hike. The roof was attached to and formed an extension of the building, and its preservation was needed to maintain the structural integrity of the building.

Landlord applied for MCI rent hikes based on the installation of a plaza-level roof. Tenant appealed and lost. She claimed that the roof was an outdoor parking lot that was unconnected to the building, which she didn't use and got no benefit from. But the roof was properly installed, and the fact that it was also used for parking didn't bar the MCI rent hike. The roof was attached to and formed an extension of the building, and its preservation was needed to maintain the structural integrity of the building. This benefited all tenants whether or not they used the roof, so it qualified as an MCI.

15 Horace Harding Expressway: DHCR Adm. Rev. Docket No. YC110028RT (8/26/11) [3-pg. doc.]

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