Replacement of Water Tank Structural Support Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on the replacement of structural support for the water tank and cooling tower on the building roof, parapets, and spandrel, and exterior resurfacing, pointing, and scaffolding. The DRA ruled against landlord, finding that none of the work qualified as MCIs. Landlord appealed and lost. The water tank and cooling tower weren't replaced. Replacement of the structural support system only didn't qualify as an MCI. The pointing work done to the water tower bulkhead and interior brick joints of the interior walls of the bulkhead is repair and maintenance work, not comprehensive pointing. Lintel replacement, partial parapet replacement, and window sills in and of themselves don't constitute MCIs and are considered routine maintenance.

301 West 45th Street: DHCR Adm. Rev. Docket No. UK410052RO (6/19/09) [3-pg. doc.]