Water Intrusion Unrelated to Roof Replacement

Landlord applied for MCI rent hikes based on roof replacement. The DRA ruled against landlord based on water intrusion it determined was related to the MCI. Landlord appealed and won. Landlord argued that defects found by the DHCR's inspector weren't related to the roof work but were related to the chimney incinerator and an open window. Landlord's engineer report supported landlord's claim, as did a second DHCR inspection. It also appeared that the water intrusion found initially occurred in connection with Hurricane Sandy.

Levin: DHCR Adm. Rev. Docket No. BM910026RO (8/14/13) [5-pg. doc.]