No MCI Increase for Partial Driveway and Walkway Repavement

White Plains landlord applied for MCI rent hikes based on driveway paving. The DRA ruled against landlord, who appealed and lost. Landlord argued that the installation of new asphalt driveways in front of all apartment units should qualify as an MCI. But, to qualify, resurfacing of the entire original area of courtyards, driveways, and walkways within the property lines was required. Landlord's diagram of the premises showed that not all walkways were resurfaced. So, the DRA properly disallowed any MCI increase.

Burton: DHCR Adm. Rev. Docket No. EU910037RO (3/9/18)[1-pg. doc.]