The roof deck and replacement are two seperate things regardless of timing.
Both items are a capital improvement as per IRS; however, I do not believe the roof deck qualifies for a j-51 (I could be wrong on this).

~AR

“A rent increase for work performed in the common areas of a building is permitted only if the work qualifies as a ‘major capital improvement’ ” as defined by the state’s Division of Housing and Urban Renewal.

To qualify for such an increase, Mr. Dobkin said, the improvement must be buildingwide; it must be for the benefit of all tenants; it must be for the operation, preservation and maintenance of the structure; and it must be deemed depreciable under the Internal Revenue Code.

“Before an increase can be allowed” by the division of housing, Mr. Dobkin said, “tenants must be given an opportunity to review and comment on the owner’s application.”

Acceptable grounds for opposing an application for a major capital improvement include that the work was incomplete or shoddy, that the owner failed to apply within two years of completing the installation or that there is a buildingwide rent reduction for an uncorrected existing violation, he said.

“The installation of wall-to-wall carpeting, covering the entire expanse of the common area, which is or was carpeted, may qualify for an M.C.I. increase if an owner can show that the useful life of the old carpeting has expired,” Mr. Dobkin said.

Although the Division of Housing and Community Renewal has not established a specific “useful life” for carpeting, an owner may satisfy the requirement by submitting the manufacturer’s specifications for the expected lifetime of the old carpeting and “before” and “after” photographs.

ST... You lost me...
What does DHCR have to do with it?

Are we talking about a Coop or Rent regulated apartment building?

Nevertheless, I assumed the aim and focus of the inquiry was for tax purposes and not raising a regulated rent via an MCI application.

Did I miss something?

~AR

Yes. read carefully - this is a coop question. is a roofdeck considered a capitol improvement so tha tyou may deduct costs form the profit when you sell your apartment.

DHCR has lots to do with it according to what i posted. stop think read.

ST –

Although all the information you posted is correct in its context... DHCR has nothing to do with the sale of an apartment, the taxes paid or anything having to do with the posters question.

The posters inquiry, although vague, indirectly questions the tax consequences, if any on a possible capital improvement.. The only factor that would effect this would be, or could be the details behind the roof deck such as if it was assessed for or not, if it is for all residents – 100% of the time and is it permanently affixed to the roof… The answers to these questions effect the valuation of the stock. How, can be viewed on the annual financial statements provided by the Accountant.

Now, just to ensure that I was not misinterpreting, or misunderstanding anything, I ran this question and your response by my in house CPA & Attorney, who were both puzzled by your response. Consequently; and with all due respect, possibly you can enlighten us as to how and why what you are talking about has anything to do with a cooperative sale? I would like to learn this.

~AR

is it very very simple. when you sell your apartment and make a profit you can deduct all capitol improvement contributions over the years you ghave lived there - things that the coop has paid for like a new roof - from the capitol gains basis. very simple. this includes capitol improvements that the coop has made. like a new roof, pointing, windows, etc. However, a roof deck might be a grey area. how can you not understand what I am asking??

Unfortunately I do not believe you know what you’re saying… Now you state something different and at the same time pose that you’re asking a question??

What you most recently wrote is common sense and not the issue, or the area of misconception.

The question I had for you is what the heck does the useful life of carpeting, DHCR and MCI rent increases have to do with it? According to your posts DHCR has some say in this and the useful life of carpeting and the possible rent increase a landlord may take has some effect on all this… maybe you did not realize what you cut and pasted?

A roof deck, and its qualification as a capital improvement was addressed in my last post.

The original poster BAJ should have also clarified his question so this off beat dialogue wouldn’t have gone this far… nonetheless, I apologize to the readers who have followed this!

~AR

AR oh for god's sake - you are like my passive agressive sister - you cant just answer the question and keep attacking the well-meant person trying to get a 100% answer. - I mean did you check withthe IRS? Who did you check with ? If you are not sure then just be a strong person and say so and stop trying to attack people. It is not helpful.

FORGET the DHCR posting. (actually if you read it you will see how it defines Capitol improvement and a deck may just be a luxury item - that is the entire reason it was posted. )