Useful Life of Prior Pointing Work Hadn't Expired

January 1, 2008

LVT Number: #20116

In 2005 landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord. Landlord appealed and lost. Under the schedule listed in the Rent Stabilization Code, the useful life for pointing work is 15 years. Landlord previously obtained an MCI rent hike for pointing and parapet work in 1993. Landlord's new application was filed only 12 years after its prior application. And landlord hadn't requested any waiver of the useful-life requirement. So the new pointing and waterproofing work didn't qualify for MCI rent hikes.

In 2005 landlord applied for MCI rent hikes based on pointing and waterproofing. The DRA ruled against landlord. Landlord appealed and lost. Under the schedule listed in the Rent Stabilization Code, the useful life for pointing work is 15 years. Landlord previously obtained an MCI rent hike for pointing and parapet work in 1993. Landlord's new application was filed only 12 years after its prior application. And landlord hadn't requested any waiver of the useful-life requirement. So the new pointing and waterproofing work didn't qualify for MCI rent hikes.

33-44 104th Avenue: DHCR Adm. Rev. Docket No. UK130047RO (9/27/07) [2-pg. doc.]

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