Roof Railings Don't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of a new roof, and for roof railings installed at the time the roof was replaced. The DRA ruled against landlord. Landlord appealed and lost. The DRA denied the rent hike for the roof because the work was defective. There was continual water damage to top-floor apartments after the roof was installed. The roof railings, by themselves, don't qualify as an MCI. They would qualify only if done in connection with a qualifying MCI. Since landlord's roof installation was defective and not eligible for MCI rent hikes, the roof railings couldn't qualify.

740 West End Avenue: DHCR Adm. Rev. Docket No. UK430003RP (5/15/08) [3-pg. doc.]