Useful Life of Pointing Work Hadn't Expired

Landlord applied for MCI rent increases based on pointing and waterproofing/ facade work. The DRA ruled against landlord, and landlord appealed, claiming that although a prior MCI was granted in 1990 for pointing work completed in 1988, only the back walls were done at that time and none of the new work covered the same area. The DHCR ruled against landlord. Under DHCR policy, the useful life of pointing and waterproofing is 15 years, unless landlord shows a reason for the DHCR to waive this useful life requirement. Landlord didn't apply for a waiver of the useful life requirement before starting the new work, so the DRA properly denied any additional MCI rent increase.

Manolatos: DHCR Adm. Rev. Dckt. No. ND430059RO (8/20/99) [2-pg. doc.]