New Entrance Stairs Don't Qualify as MCI

Landlord applied for MCI rent hikes based on installation of new entrance stairs, expediting services, architect services, and permit fees. The DRA ruled against landlord, who appealed and lost. Landlord pointed out that the old staircase was more than 100 years old and was completely replaced with a new steel structure and concrete steps. It is the DHCR’s established position that replacement of entrance stairs, by itself, doesn’t qualify as an MCI. It is considered ordinary repairs. To qualify as an MCI, entrance stairs must be performed in connection with a related MCI such as replacement of the entire cement area within the property line. Landlord also didn’t submit the requested letter of completion, DOB sign-off, or architect’s drawings and plans approved by DOB.

Garfunkel & Tauster Corp.: DHCR Adm. Rev. Docket No. AW420044RO (8/5/16) [2-pg. doc.]