No MCI Rent Hike for New Drain and Concrete Slab

Landlord applied for MCI rent hikes based on the installation of new drains and a concrete slab in the building's backyard. The DRA denied any rent increase for this work. Landlord appealed and lost. Landlord claimed that it resurfaced the entire original area within the property line of the building and that the collapse of the old concrete slab had caused the drains to collapse. But the DHCR found that landlord didn't resurface the entire rear yard. So the concrete work didn't qualify. And since the concrete work didn't qualify as an MCI, the additional costs for stairs, railings, drains, and retaining walls also were properly rejected by the DRA.

45 West 85th Street: DHCR Adm. Rev. Docket No. VH410056RO (4/23/09) [3-pg. doc.]