No Increase for Leaky Roof

November 1, 1995

LVT Number: 10110

Landlord applied for MCI rent hikes based on the installation of a new roof and other improvements. Tenants claimed that the new roof was defective and that there were still roof leaks. The DRA ruled against landlord, disallowing any increase for the roof. Landlord appealed and lost. To qualify as an MCI, an installation must be performed in a workmanlike manner. While a new roof cap sheet of the type landlord installed can qualify as an MCI, it can't leak for a reasonable period of time after installation.

Landlord applied for MCI rent hikes based on the installation of a new roof and other improvements. Tenants claimed that the new roof was defective and that there were still roof leaks. The DRA ruled against landlord, disallowing any increase for the roof. Landlord appealed and lost. To qualify as an MCI, an installation must be performed in a workmanlike manner. While a new roof cap sheet of the type landlord installed can qualify as an MCI, it can't leak for a reasonable period of time after installation. In this case, top-floor tenant complained of recurring leaks within a short time after the new roof was installed.

Fishbein: DHCR Adm. Rev. Dckt. No. EF430033RO (3/7/95) [4-page document]

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