Pointing Not Comprehensive

Landlord applied for MCI rent hikes based on the installation of a new roof, bulkhead, and masonry work including pointing and waterproofing. The DRA ruled against landlord, finding that the work wasn't performed as part of a consecutively timed project. Landlord appealed and lost. Work of a piecemeal nature or ordinary repair and maintenance doesn't qualify as an MCI. The work must be performed in a manner so that when it's completed the building remains free from water seepage for a reasonable period of time. The granting of an MCI rent hike for pointing and waterproofing contemplates that the building will remain structurally sound and watertight for 15 years after pointing or 25 years after exterior restoration. Landlord already had received an MCI increase for pointing and waterproofing in 2006 for prior work done in 2004. The fact that landlord now sought an MCI increase for additional pointing and waterproofing work done in 2001 showed that the work wasn't done as part of a unified plan. In addition, the roof installation was completed in 2001, more than two years before landlord filed its application and therefore was untimely.

34-50 28th Street: DHCR Adm. Rev. Docket No. UF130004RK (4/26/13) [3-pg. doc.]