Pointing Not Done Building-Wide

March 1, 1999

LVT Number: 13045

Landlord applied for MCI rent hikes based on pointing, waterproofing, and roof replacement work. The DHCR ruled against landlord, and landlord appealed. The court and appeals court also ruled against landlord. The DHCR found that landlord hadn't done the work on a building-wide basis. The DHCR's decision was supported by the facts before the agency. Tenants had complained of continuing leaks and water damage after the work was performed, landlord's contractor had stated that it had worked on only a portion of the building, and additional pointing work was later performed.

Landlord applied for MCI rent hikes based on pointing, waterproofing, and roof replacement work. The DHCR ruled against landlord, and landlord appealed. The court and appeals court also ruled against landlord. The DHCR found that landlord hadn't done the work on a building-wide basis. The DHCR's decision was supported by the facts before the agency. Tenants had complained of continuing leaks and water damage after the work was performed, landlord's contractor had stated that it had worked on only a portion of the building, and additional pointing work was later performed.

Cenpark Realty Co. v. DHCR: NYLJ, p. 28, col. 2 (2/1/99) (App. Div. 1 Dept.; Williams, JP, Lerner, Rubin, Saxe, JJ)

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