New Hallway Flooring and Stairway Qualified as MCIs

Landlord applied for MCI rent hikes based on a number of building improvements, including a new boiler and tank rooms, mailboxes, hallway floors, new stairway, pointing and waterproofing, concrete walkways, new entrance doors, and an intercom. The DRA ruled for landlord in part.

Tenants appealed and lost. Among other things, tenants claimed that hallway floor replacement wasn't an eligible MCI. But the DHCR found that complete replacement of flooring in all public areas including the hallway floors, lobby, and stairs qualified as an MCI. Landlord's work, which included new flooring on all public hallways in the building, including the basement, qualified as an MCI.

Tenants also argued that new stairways weren't an eligible MCI. But a stairway was structural in nature, and it's the DHCR's established position that stairway renovation qualifies as an MCI. And landlord replaced all landing treads and risers of the stairways.

Tenants' additional claim that the cost of brick, mortar, and limestone cladding repairs were improperly included in the cost of the pointing and waterproofing work was without merit. Landlord's pointing and waterproofing work, including the repairs to bricks, mortar, and limestone cladding constitute an MCI. 

Various Tenants of 26 Van Dam Street: DHCR Adm. Rev. Docket No. FT430002RT (12/19/19) [3-pg. doc.]