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 ------------------------------------------------------------ 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. ------------------------------------------------------------ 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 ------------------------------------------------------------