Waterproofing Alone Doesn't Qualify

Landlord applied for MCI rent increases based on the installation of masonry and waterproofing. The DRA ruled against landlord, finding that the work amounted to repairs of the building facade rather than major capital improvements. Landlord appealed, claiming the work was done where necessary to make the building watertight. The DHCR ruled against landlord. An MCI increase is permitted for comprehensive pointing and waterproofing as needed on exposed sides of a building. But mere waterproofing can't be substituted for pointing. Pointing involves the physical examination of the mortar between the exposed bricks and includes testing of the mortar by scraping it out. Waterproofing, on the other hand, is merely the application of a sealing or covering material by brush or spray and is therefore less extensive and less structural in nature. Waterproofing is also more likely to chip and may last only a few years.

Motta: DHCR Adm. Rev. Dckt. No. CG-230044-RO (12/16/94) [4-page document]