No MCI Rent Hike for Defective Garage Deck
LVT Number: #20846
Landlord applied for MCI rent hikes based on the installation of a new garage deck and waterproofing. The DRA ruled against landlord. Landlord appealed. Tenants had objected to the increase before the DRA. Tenants said that landlord demolished the garage roof and replaced it, but that the work was defective. There were water puddles on the roof after it rained and water leakage into the underground garage below. They also said that the Hastings Buildings Department hadn't issued a final approval for the project. In response, landlord submitted a Certificate of Occupancy issued by the Village of Hastings-on-Hudson. But DHCR inspection showed that there was broken cement on the garage deck and leak stains on interior garage walls. These conditions remained at the time of the DHCR's reinspection six months later.
The DHCR ruled against landlord. The record showed that the garage deck was installed in an unworkmanlike manner. In response to landlord's PAR, tenants also reported that the garage wasn't successfully waterproofed and that water continued to leak into the garage and to pool on the garage deck itself.
La Barranca Realty Corp.: DHCR Adm. Rev. Docket No. WF910024RO (9/4/08) [4-pg. doc.]
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