New Tile Flooring in Public Areas Qualifies as MCI

Landlord applied for MCI rent hikes based on the installation of tile flooring on a building-wide basis. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that the flooring didn't constitute an MCI and that, in any event, it was defective. The DHCR pointed out that, in a 2002 court decision, building-wide installation of flooring was found to be an MCI. So the DHCR had to change its policy, which previously stated that flooring wasn't an MCI. Complete replacement of all flooring in all public areas in a building, including tiles or carpeting, qualifies as an MCI. Replacement of sub-flooring wasn't required. Claims by three out of 111 tenants that they had problems with the work weren't enough to revoke the MCI increase.

210, 220, and 230 West 107th Street: DHCR Adm. Rev. Docket No. AP430013RP (4/26/13) [6-pg. doc.]