No MCI Increase for Partial Stucco and Thorocoating

LVT Number: #25518

The DRA granted landlord's MCI rent increase application based on the installation of hallway windows, but disallowed any additional increase for stucco and thorocoating. The DRA found that this exterior work didn't qualify as an MCI. Landlord appealed and lost. Landlord's contract for the exterior work stated that stucco and thorocoating was to be performed only on the rear wall of the building. This alone didn't qualify as an MCI.

The DRA granted landlord's MCI rent increase application based on the installation of hallway windows, but disallowed any additional increase for stucco and thorocoating. The DRA found that this exterior work didn't qualify as an MCI. Landlord appealed and lost. Landlord's contract for the exterior work stated that stucco and thorocoating was to be performed only on the rear wall of the building. This alone didn't qualify as an MCI. And since there was no mention in the contract of additional pointing and waterproofing on the front and side walls, landlord didn't prove this portion of the MCI.

2839 Bainbridge Avenue: DHCR Adm. Rev. Docket No. XK610018RO (3/7/14) [1-pg. doc.]

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