New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400


POLICY STATEMENT (90-6)

MCI ELIGIBILITY - ROOFING

This Policy Statement is being issued to clarify the eligibility
of roofing installations for consideration as a Major Capital
Improvement (MCI) in New York City and to conform the policy
outside of New York City to the current policy within New York
City.

The complete replacement or the addition of a three (3) or more
ply roof cap on the existing roof will be eligible for inclusion
in the determination of MCI rent increases while one or two ply
roof caps will not be eligible.  In the counties covered by the
Emergency Tenant Protection Act (ETPA) and by State Rent Control,
this constitutes a change in policy because the number of plies
was not a factor in eligibility for MCI rent increases. For MCI
applications filed for buildings outside of New York City, this
policy statement will go into effect where the work began thirty
days after the issue date of this Policy Statement. Therefore, if
an owner installs a one or two ply roof, outside of New York
City, where the work began thirty (30) days after the issue date
of this Policy Statement, the costs associated with such repairs
will be ineligible for an MCI rent increase.

When an owner installs built-up roofing, the longevity of the
installation is directly proportional to the number of plies.
Built-up roofing consists of several layers of heavy roofing felt
cemented to a solid roof sheathing and to each other with tar,
asphalt, or similar material, which also forms the top coating.
Generally, while still soft, the surface is covered with pebbles
or crushed minerals to take wear and to protect the roofing from
the direct rays of the sun.  The addition of pebbles or crushed
minerals does not constitute an additional ply.  When a repair is
made to existing built-up roofing by the addition of less than
three plies of roofing material, even when such repairs include a
covering of crushed mineral, the improvement will be short lived
and does not constitute a major capital improvement.  Therefore
the costs associated with such repairs are and will remain
ineligible for an MCI rent increase within New York City and will
no longer be eligible for an MCI rent increase outside of New
York City thirty days after the issue date given below.

The only exception to this prohibition on MCI eligibility for a
one-ply roof will be for a one-ply rubber (membrane) roof which
comes with a manufacturer's guarantee of 15 years.  This type of
one-ply roof, developed with new technologies, has a life
expectancy beyond conventional asphalt-based materials and will
qualify for an MCI rent increase.


March 9, l990

Elliot G. Sander
Deputy Commissioner

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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.

The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Policy
Statements as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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