Repairs to Roof Don't Qualify

May 31, 1994

LVT Number: 8812

Landlord applied for MCI rent hikes based on roof work. The DHCR ruled against landlord, finding that the work done only amounted to repairs. Landlord appealed. The court ruled against landlord. Documents submitted to the DHCR showed that the work constituted repairs, not an MCI. And the roof continued to leak three years after the work was completed. The DHCR properly refused to consider landlord's J-51 certificate of eligibility and DOB certificate for tax exemption and abatement because they were submitted too late. These records also didn't prove that the work done was an MCI.

Landlord applied for MCI rent hikes based on roof work. The DHCR ruled against landlord, finding that the work done only amounted to repairs. Landlord appealed. The court ruled against landlord. Documents submitted to the DHCR showed that the work constituted repairs, not an MCI. And the roof continued to leak three years after the work was completed. The DHCR properly refused to consider landlord's J-51 certificate of eligibility and DOB certificate for tax exemption and abatement because they were submitted too late. These records also didn't prove that the work done was an MCI.

Matter of Weinreb Management: NYLJ, p. 26, col. 6 (5/12/94) (App. Div. 1 Dept.; Rosenberger, JP, Kupferman, Asch, Nardelli, Williams, JJ)

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