Useful Life of Prior Pointing Work Hadn't Expired

August 31, 1998

LVT Number: 12597

Landlord applied for MCI rent hikes based on pointing and waterproofing work done in September 1990. The DRA ruled for landlord, and tenant appealed, claiming that landlord previously got an MCI increase for building-wide pointing and waterproofing ''as needed.'' The prior work was completed in August 1988. The DHCR ruled for tenant and revoked the MCI increase. The 1988 pointing must be considered building-wide since it qualified for an MCI increase. In September 1990, there were still 13 years remaining before the useful life of the 1988 pointing expired.

Landlord applied for MCI rent hikes based on pointing and waterproofing work done in September 1990. The DRA ruled for landlord, and tenant appealed, claiming that landlord previously got an MCI increase for building-wide pointing and waterproofing ''as needed.'' The prior work was completed in August 1988. The DHCR ruled for tenant and revoked the MCI increase. The 1988 pointing must be considered building-wide since it qualified for an MCI increase. In September 1990, there were still 13 years remaining before the useful life of the 1988 pointing expired. So landlord wasn't eligible for an additional MCI increase for this work.

Vasquez: DHCR Adm. Rev. Dckt. No. LI430038RP (4/15/98) [3-page document]

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