Sprinkler/Landscaping Work Done in Connection with New Parking Lot

Landlord applied for MCI rent hikes based on a number of improvements. The DRA ruled for landlord, granting rent increases for the installation of a new parking lot, landscaping, and the installation of a sprinkler system for the lawn. Tenants appealed, claiming that the landscaping and sprinkler system were cosmetic work that didn't qualify as MCIs. The DHCR ruled against tenants. Landlord's preparation work and asphalt pouring for the parking lot damaged the existing landscaping. So the cost of restoring the landscaping and installing a sprinkler system to help preserve the new landscaping were directly related to, and a necessary part of, the MCI. The work also was done at the same time as the parking lot.

Various Tenants of Victory Blvd., Staten Island: DHCR Adm. Rev. Dckt. No. RH310076RT (1/12/04) [4-pg. doc.]