Roof Replacement Qualifies as MCI

LVT Number: #24317

Landlord applied for MCI rent hikes based on roof replacement. The DRA ruled for landlord, granting an increase for the cost of the roof and landlord's consulting engineer. Tenant appealed and lost. Tenant claimed that the roof work was performed solely to correct a defective condition. But this didn't bar landlord's entitlement to the MCI rent hike. Tenant also claimed that landlord didn't properly post notices of asbestos abatement in connection with the project, but the DHCR didn't oversee standards for asbestos removal.

Landlord applied for MCI rent hikes based on roof replacement. The DRA ruled for landlord, granting an increase for the cost of the roof and landlord's consulting engineer. Tenant appealed and lost. Tenant claimed that the roof work was performed solely to correct a defective condition. But this didn't bar landlord's entitlement to the MCI rent hike. Tenant also claimed that landlord didn't properly post notices of asbestos abatement in connection with the project, but the DHCR didn't oversee standards for asbestos removal.

521 Hudson Street: DHCR Adm. Rev. Docket No. ZH430070RT (7/20/12) [2-pg. doc.]

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