Useful Life of Prior Pointing and Waterproofing Hadn't Expired

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord, finding that the work was incomplete. Landlord appealed and lost. To qualify as an MCI, comprehensive pointing and waterproofing, as needed, must be done on all exposed sides of a building. The DHCR requires landlord’s contractor to submit a statement advising whether all exposed sides of the building were examined prior to performing the work, and that the work done was all that was needed. In 2006, the DRA granted landlord’s prior MCI application for pointing and waterproofing work. Since the 15-year useful life of the prior work hadn’t expired and landlord sought no waiver, landlord couldn’t obtain an additional MCI rent hike for more pointing and waterproofing work. It didn’t matter that the new work was in a different area of the building.

247 East 10th Street: DHCR Adm. Rev. Docket No. WH430055RO (5/8/09) [3-pg. doc.]