New Cellar Floor Qualified as MCI

Landlord applied for MCI rent hikes based on the installation of concrete flooring, concrete footing, and new waste lines. The DRA ruled against landlord, finding that the work didn't qualify as MCIs. Landlord appealed and won, in part. Landlord argued that the pre-existing waste lines were deteriorated, the concrete footing was structurally needed, and that replacement of the cellar floor was an MCI. But installation of new waste lines only below the cellar floor and backyard area didn't qualify because it wasn't building-wide work. The concrete footing also was only repair and maintenance work. But the installation of the new cellar floor did qualify as an MCI, and the DHCR granted an MCI increase for this work. 

461 3rd Street: DHCR Adm. Rev. Docket No. WH230044RO (12/12/12) [4-pg. doc.]