No MCI Increase for New Roof that Leaked

May 14, 2015

LVT Number: #26143

Landlord applied to the DHCR for MCI rent hikes based on pointing and roof work. The DRA ruled for landlord in part but disallowed any increase for asbestos work and permit fees. Tenants appealed, claiming that the roof installation was defective and that there was leak damage on ceilings of the top-floor apartments. The DHCR ruled for tenants in part and revoked only a portion of the MCI increase allocable to the roof railing. Both sides filed Article 78 appeals, and the case was sent back for reconsideration.

Landlord applied to the DHCR for MCI rent hikes based on pointing and roof work. The DRA ruled for landlord in part but disallowed any increase for asbestos work and permit fees. Tenants appealed, claiming that the roof installation was defective and that there was leak damage on ceilings of the top-floor apartments. The DHCR ruled for tenants in part and revoked only a portion of the MCI increase allocable to the roof railing. Both sides filed Article 78 appeals, and the case was sent back for reconsideration. The DHCR then revoked the portion of the MCI increase allotted to the roof replacement. Landlord appealed and lost. The court and appeals court found that the DHCR's decision was rational.

Jackson Heights 35, LLC v. DHCR: 2015 NY Slip Op 02970, 2015 WL 1542237 (App. Div. 2 Dept.; 4/8/15; Rivera, JP, Dickerson, Chambers, Barros, JJ)

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