No MCI Rent Hike for Leaking Roof

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein McConnell Gribben Donoghue & Joseph, attorneys for the tenants.)

Landlord applied to the DHCR for MCI rent hikes based on the installation of a new roof. The DHCR ruled against landlord, and landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR inspected portions of the roof that landlord and tenants specified. While the work in those areas seemed properly done, it was undisputed that water continued to leak into the ceilings of three apartments on the top floor for at least five years after the MCI was completed. And although landlord's later repairs might have repaired the leaks, this didn't affect the validity of the DHCR's ruling. Landlord claimed that the leaks may have been caused by faulty facade work rather than any problem with the roof. But there was no evidence submitted showing any cause for the water penetration other than a defective roof. The DHCR's decision was reasonable and was upheld.

Wolk Properties, LLC v. DHCR: Index No. 111163/2010 (Sup. Ct. NY; 4/1/11; Billings, J)