No MCI Rent Hike for Leaking Roof

Landlord applied for MCI rent hikes based on the installation of a new roof and roof railing with associated parapet work, exterior pointing, new entrance door, and new roof door. The DRA ruled for landlord except that it exempted three top-floor apartments from any increase for the roof work. This was based on defects found in those apartments related to the roof installation. Tenants appealed, arguing that no increase should be granted for roof work they claimed was defective. The DHCR ruled for tenants in part, disallowing only the increase for the roof railing. Landlord and tenants both filed Article 78 court appeals, claiming that the DHCR's decision was unreasonable. The case was sent back to the DHCR for reconsideration. The DHCR then ruled for tenants. The DHCR inspection found staining, peeling paint, and cracking on walls and ceilings of the top-floor apartments. The roof wasn't installed in a workmanlike manner, so no rent increase should have been granted for the roof work. The installation as a whole was defective.

95-05 35th Avenue: DHCR Adm. Rev. Docket No. ZG130007RP (3/23/12) [3-pg. doc.]