Waterproofing with Minimal Pointing Doesn't Qualify

February 1, 1997

LVT Number: 11219

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR found that landlord's application of a waterproof covering, accompanied by a minimal amount of pointing, didn't constitute an MCI. The DHCR's finding was rational and reasonable and so must be upheld.

Landlord applied for MCI rent hikes based on pointing and waterproofing. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR found that landlord's application of a waterproof covering, accompanied by a minimal amount of pointing, didn't constitute an MCI. The DHCR's finding was rational and reasonable and so must be upheld.

Poseidon Realty Holding Corp. v. DHCR: 650 NYS2d 241 (1996) (App. Div. 2 Dept.; Pizzuto, JP, Santucci, Friedmann, Luciano, JJ)

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