Reconstruction of Building Foundation

Yonkers landlord applied for MCI rent hikes, based on the reconstruction of the building's foundation. The DRA denied the application, and landlord appealed. Landlord argued that the reconstruction qualified as an MCI because it was required for the continued preservation of the building. The DHCR asked landlord for a formal engineer's report substantiating the need for the work, and for proof from the DOB of a violation and clearance of that violation. Landlord said that it had only gotten a verbal opinion from an engineer, and that the DOB wasn't aware of the foundation problem. The DHCR upheld the DRA's ruling. Reconstruction of the foundation is considered only a partial replacement. And landlord didn't submit an engineer's report or any information from the DOB. So, the work doesn't qualify as an MCI.

169 Stanley Ave. Corp.: DHCR Adm. Rev. Dckt. No. EC 830019-RO (10/28/94) [2-page document]