Roof Replaced Less Than 10 Years After Prior Roof Installation

The DRA denied landlord’s application for MCI rent hikes based on the installation of a new roof and skylight. The DRA found that the replaced roof hadn't outlived its useful life.  Landlord appealed and lost. Depending on the material used, the minimum useful life for a roof installation under the Rent Stabilization Code and DHCR Operational Bulletin 90-2 is 10 years. The DHCR had previously granted an MCI rent increase in 2008 for a new roof installed at the building in 2006. The new roof was installed between 2012 and 2013, less than 10 years after the prior roof installation. Landlord made no prior request to the DHCR for waiver of the useful-life requirement. Landlord would have had to show that the roof was beyond repair, that parts were no longer available, or that required repairs would cost more than 75 percent of the cost of the total roof replacement.

519 Myrtle Avenue, LLC: DHCR Adm. Rev. Docket No. CS210008RO (8/5/15) [2-pg. doc.]