Water Damage from Roof Bars MCI Rent Hike

Landlord applied for MCI rent hikes based on the installation of a new roof. Tenants claimed that the roof leaked. The DHCR ruled for tenants and denied any MCI rent hike. Landlord filed a court appeal, claiming that the DHCR's decision was unreasonable. The court sent the case back for further review. Two top-floor tenants claimed that there were frequent water leaks in their apartment and that the problem was continual since the roof was changed to accommodate the penthouse apartments. DHCR inspection showed that there was water damage on the ceilings of all three top-floor apartments. Landlord claimed that this water seepage was caused by an ongoing water proofing project, not by any defects in the roof. The DHCR ruled against landlord. Landlord didn't submit any proof that the water damage resulted from the waterproofing. The water damage to the top-floor apartments showed that the roof work wasn't done properly and therefore didn't qualify as an MCI.

740 West End Avenue: DHCR Adm. Rev. Docket No. UK430003RP (5/15/08) [3-pg. doc.]