Wrought Iron Fence Installed as Part of Parapet Qualifies as MCI

Landlord applied for MCI rent hikes based on the installation of parapets, sidewalk shed, window sills, and lintels. The DRA ruled for landlord in part but disallowed any rent increase for a wrought iron fence, window sills, or lintels. Landlord appealed and won, in part. Landlord claimed that the wrought iron fence was part of the parapet and was built to create a legal parapet in compliance with the NYC Building Code. The DHCR agreed. The wrought iron fence was built 36 inches high to comply with the NYC Code Section 27-334 regarding Protective Guards. The code states that a flat type roof on a building over 22 feet high shall provide a parapet which is over 42 inches high and that this height can be achieved with a combination of parapet wall and fence or railing. Landlord’s parapet wall was 18 inches and the fence 36 inches. The combined height of 54 inches formed a complete replacement of the parapet wall. The DHCR denied any rent increase for window sills or lintels since they weren’t installed as part of a comprehensive exterior building renovation.

Midwood Management: DHCR Adm. Rev. Docket No. CP130022RO (1/8/16) [3-pg. doc.]