No MCI Increases for Retaining Wall, Fences, or Gates

Landlord applied for MCI rent hikes based on installations of a new closed-circuit television (CCTV) security system, hallway and lobby lights, a new entrance door and entrance lights, new concrete resurfacing, and new fence. The DRA ruled for landlord in part, granting MCI increases for the CCTV system, entrance doors, and concrete resurfacing. The DRA disallowed the cost of the other work. Landlord appealed and lost. Landlord claimed that the construction of the retaining wall was a necessary component of the concrete resurfacing project. Landlord also claimed that the installation of iron fencing gates and door were an integral part of landlord's security improvement project or as other necessary work. The DHCR found that there was no complete replacement of the retaining wall, but only the upper brickwork had been replaced. That work therefore wasn't performed in connection with and directly related to the courtyard resurfacing and was only a repair. There also was no indication that the iron fencing, gates, and steel door were installed in connection with and directly related to the CCTV security system as part of a unified plan and consecutively timed project. 

515 Ovington Avenue: DHCR Adm. Rev. Docket No. YK210050RO (3/12/15) [3-pg. doc.]