MCI Rent Hike for Roof and Facade Work Included Cost of Asbestos Removal

The DRA granted landlord's MCI rent increase application based on the installation of roofing/leaders, pointing and waterproofing, sidewalk bridging, asbestos removal, and air monitoring. Tenants appealed and lost. Among other things, tenants claimed that landlord performed the MCI work so that it could install solar panels on the new roof. But this didn't bar landlord from obtaining MCI rent hikes for otherwise qualifying work. Landlord didn't receive any MCI rent hike or J-51 tax abatement for the solar panels. But any J-51 benefits received for the asbestos abatement, lintel replacement, parapets, new roof, leaders, gutters, masonry, and pointing reduced the MCI rent increase as reflected in the DHCR's modification order. Tenants also claimed that landlord didn't perform the asbestos removal and related air quality control, but landlord submitted sufficient documentation of this work. Tenants also claimed they weren't notified of the asbestos removal, but this claim was beyond the DHCR's scope of review.

Guthrie/Rubanoba: DHCR Adm. Rev. Docket No. BT130058RT (4/11/19) [3-pg. doc.]