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 (91-2)
(REVISED 90-6)

MCI ELIGIBILITY - ROOFING

This Policy Statement is being issued to define the eligibility
of roofing installations for consideration as Major Capital
Improvements (MCIs) in buildings regulated by the Rent
Stabilization Law, the Emergency Tenant Protection Act and Rent
Control.

The useful life and cost of a roofing installation is related to
the number of plies (each ply being a waterproof layer of roofing
material and a bonding agent).  The least expensive roofing
choice available is the single ply (often referred to as a 2-
course application) 'Roof Cap". It is generally applied over an
existing roof and consists of one layer of traditional asphalt
based materials with a protective surface coating of crushed
minerals. Commercially available products (such as 55# and 90#
mineral paper top sheets) which already include the surface
coating are generally used for their cost effectiveness in this
application.  Since the benefit from this type of single-ply
"roof cap" is short-lived and is generally applied over an
existing roof, it is considered a repair and does not constitute
a Major Capital Improvement.

Therefore, roofing installations consisting of only a single ply
of traditional asphalt based materials (a top sheet) will not be
eligible for a Major Capital Improvement increase.

The only exception to this prohibition on MCI eligibility for
single ply installations will be for new technology materials
that are proven to have acceptable useful lives as recognized in
this agency's Operational Bulletin #90-2, Useful Life Schedule
for Major Capital Improvements".  A one-ply rubber (membrane)
roof using EPDM materials is acceptable, as is as an application
using Modified Bitumin materials.  These types of roofing,
developed with new technologies, have a life expectancy beyond
conventional asphalt-based materials and will qualify for an MCI
rent increase.

Complete roof removals and replacements with multi-ply roof caps
consisting of the aforementioned single ply of asphalt material
plus additional underlying plies of roofing material are and will
continue to be eligible.  Note that each additional ply adds to
the overall strength and longevity of the installation.
The bills, work orders and plans used as documentation of the
eligible MCI costs for roofing must provide a description which
specifies the materials (asphalt, EPDM) and application type
(one-ply, three-ply, torch applied, etc.) used in order to be
acceptable.

The policy on roofing shall become effective 30 days after the
issue date of this statement.


February 20, 1991

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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