Roof Parapet Work Doesn't Qualify

Facts: Landlord applied for MCI rent hikes based on the rebuilding of the roof parapet wall, roof repairs, and pointing. The DRA denied landlord's application. The DRA pointed out that to qualify for an MCI, roof parapet work must be done either in its entirety or in conjunction with a related MCI such as a new roof or pointing/waterproofing. The DRA found that landlord didn't do this, and landlord appealed. DHCR: Landlord loses. Tenants' engineer's report showed that substantially less than half of all the parapet walls were replaced, that major portions of the roof system weren't replaced, and that most of the exposed surface areas at the building hadn't been repointed. The replacement of the 20th floor parapet did cost a lot, given the landmark status of the building, but wasn't a building-wide improvement benefiting all tenants.

945 Fifth Avenue: DHCR Adm. Rev. Dckt. No. GC 430317-RO (4/22/93) [13-page document]