Parapet Work Doesn't Qualify

Landlord applied for MCI rent hikes based on the installation of parapet brickwork and pointing. The DRA ruled for landlord, and tenants appealed, claiming landlord did only repair work. The DHCR ruled for tenants. There were at least two parapet walls at differing elevations at the building. Landlord's contract arranged for replacement or repair of limited sections of the parapet walls. Landlord described the work in its application as a pointing/waterproofing installation when most of the work was actually a replacement of less than 50 percent of the parapet system. Landlord did limited pointing incidental to the parapet repair. The work done was in the nature of extensive repairs and didn't qualify as an MCI.

Tenants of 330 E. 46th St.: DHCR Adm. Rev. Dckt. Nos. IG 410012-RT et al. (3/16/95) [3-page document]