Skylight Replacement Included in MCI

LVT Number: #24051

The DRA granted MCI rent hikes based on landlord's installation of a new roof and skylight, pointing, intercom, rewiring, and entrance doors. Tenant appealed, claiming that the cost of the skylight, roof, and pointing should be disallowed because that work was done in connection with work relating only to a penthouse apartment. The DHCR ruled against tenant. Comprehensive pointing and the new roof installation were improvements that benefitted all tenants.

The DRA granted MCI rent hikes based on landlord's installation of a new roof and skylight, pointing, intercom, rewiring, and entrance doors. Tenant appealed, claiming that the cost of the skylight, roof, and pointing should be disallowed because that work was done in connection with work relating only to a penthouse apartment. The DHCR ruled against tenant. Comprehensive pointing and the new roof installation were improvements that benefitted all tenants. And, while the skylight wasn't an MCI in and of itself, it was installed in connection with the qualifyig roof work, and therefore properly was included in the cost of the MCI.

489 Columbus Avenue: DHCR Adm. Rev. Docket No. VB410066RT (3/1/12) [3-pg. doc.]

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