Tenant's Leak Claim Didn't Prevent MCI Increase for New Roof

LVT Number: #30566

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that, despite the new roof installation, there was water penetration into his apartment through the exterior walls. But tenant complained specifically that rainwater leaked into his apartment from exterior walls that needed pointing. This didn't concern the workmanship of the newly installed roof.

Landlord applied for MCI rent hikes based on installation of a new roof. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that, despite the new roof installation, there was water penetration into his apartment through the exterior walls. But tenant complained specifically that rainwater leaked into his apartment from exterior walls that needed pointing. This didn't concern the workmanship of the newly installed roof. Although tenant now claimed for the first time that the water seepage could be coming through the roof, he didn't raise that claim before the DRA and therefore can't do so on appeal. 

Novak: DHCR Adm. Rev. Docket No. EU130053RT (11/14/19) [2-pg. doc.]

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