New Retaining Wall Isn't Major Capital Improvement

Landlord applied for MCI rent hikes based on the installation of a new retaining wall. The DRA ruled against landlord, who appealed and lost. It is established policy of the DHCR that the installation of a retaining wall constitutes ordinary repair and maintenance, and isn't eligible for MCI rent increases. Landlord argued that courtyards and walkways also had to be replaced, but didn't seek any MCI rent increase for that work.

100 CB Realty Corp.: DHCR Adm. Rev. Docket No. ZI110059RO (4/28/17) [1-pg. doc.]