New Basement Floor Qualifies

Landlord applied for MCI rent hikes based on the replacement of a basement floor and a house drainage pipe. The DRA ruled against landlord, finding that these weren't major capital improvements. Landlord appealed. The DHCR ruled for landlord in part. The pipe replacement wasn't an MCI because it was done only in the basement. But replacement of the entire basement floor was a structural improvement that benefited the whole building. The DHCR had ruled previously that this was an MCI.

230 Mott St.: DHCR Adm. Rev. Dckt. No. SI430047RO (12/29/04) [2-pg. doc.]