Tenant Exempt from MCI Increase Due to Water Damage

Landlord applied for MCI rent hikes based on pointing/brick work. The DRA ruled for landlord, but exempted one apartment from the rent increase. Landlord appealed and claimed that it was unfair to give tenant a permanent exemption from the MCI rent hike eight years after the work was completed. Pointing and brick work were performed where needed, and the leak or moisture found in tenant's apartment weren't directly related to the MCI. The DHCR ruled against landlord. To qualify for an MCI rent hike, after work is completed the building facade must be free from water seepage for 15 years. The fact that tenant had water damage eight years after the MCI was completed showed that the work was insufficient in the area of tenant's apartment.

1 University Place: DHCR Adm. Rev. Docket No. YA430064RO (7/22/11) [2-pg. doc.]