Roof Railing Doesn't Qualify as MCI

February 1, 2011

LVT Number: #23180

Landlord applied for MCI rent hikes based on the installation of a new roof with roof railing, associated parapet work, exterior pointing, new entrance door, and new roof door. The DRA ruled for landlord in part, excluding the cost of asbestos removal and engineering services. Tenants appealed. Among other things, they claimed that the roof railing cost should not be included in the MCI. The DHCR ruled for tenants. There was no proof that the roof railing was needed for the proper completion of the qualifying roof work. This cost was disallowed.

Landlord applied for MCI rent hikes based on the installation of a new roof with roof railing, associated parapet work, exterior pointing, new entrance door, and new roof door. The DRA ruled for landlord in part, excluding the cost of asbestos removal and engineering services. Tenants appealed. Among other things, they claimed that the roof railing cost should not be included in the MCI. The DHCR ruled for tenants. There was no proof that the roof railing was needed for the proper completion of the qualifying roof work. This cost was disallowed.

94-19 35th Avenue: DHCR Adm. Rev. Docket No. XH110027RT (11/5/10) [5-pg. doc.]

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