New Fence Qualified for MCI Increase

Landlord applied for MCI rent hikes based on the installation of a new parapet and parapet fence. The DHCR ruled against landlord, finding that the parapet was completed more than two years before landlord filed its MCI application. The DRA also found that the parapet fence was only repair and maintenance work. Landlord filed a court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The DHCR then took the case back to reconsider and ruled for landlord. Landlord showed that the parapet replacement, including the fence installation, was one consecutively timed project. After replacing the parapet wall, landlord installed the fence. And the fence was required by DOB regulations because the parapet wall itself wasn't at least 42 inches high. The entire project was completed on Dec. 14, 2005, which was less than two years before Nov. 30, 2007, when landlord filed its MCI application.

62-05/07/09 84th Street: DHCR Adm. Rev. Docket No. YH110002RP (10/1/10) [5-pg. doc.]