Useful Life of Pointing and Waterproofing Hadn't Expired

December 1, 2001

LVT Number: 15432

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The useful life of pointing and waterproofing is deemed by the DHCR to be 15 years. The DHCR had granted a prior MCI increase for pointing and waterproofing for the building only six years earlier. Even though it was on a different part of the building, the DHCR's policy still required that landlord seek a waiver of the useful life requirement from the DHCR before filing for the MCI increase.

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The useful life of pointing and waterproofing is deemed by the DHCR to be 15 years. The DHCR had granted a prior MCI increase for pointing and waterproofing for the building only six years earlier. Even though it was on a different part of the building, the DHCR's policy still required that landlord seek a waiver of the useful life requirement from the DHCR before filing for the MCI increase. This policy was reasonable and had been upheld by the court in a prior case.

Equity Properties, Inc. v. DHCR: NYLJ, 11/23/01, p. 19, col. 4 (App. Div.1 Dept.; Tom, JP, Andrias, Lerner, Saxe, Buckley, JJ)

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