Backflow Prevention Device Doesn't Qualify

LVT Number: 9025

Westchester landlord applied for MCI rent hikes based on the installation of backflow prevention devices. Landlord claimed it should get an MCI rent hike for the devices because the law required him to install them. The DHCR denied landlord's application, and landlord appealed. The trial court ruled for landlord, and granted the rent hikes. The DHCR appealed, and the appeals court agreed with the DHCR. The DHCR's decision was rational and reasonable.

Westchester landlord applied for MCI rent hikes based on the installation of backflow prevention devices. Landlord claimed it should get an MCI rent hike for the devices because the law required him to install them. The DHCR denied landlord's application, and landlord appealed. The trial court ruled for landlord, and granted the rent hikes. The DHCR appealed, and the appeals court agreed with the DHCR. The DHCR's decision was rational and reasonable.

Matter of Prospect Associates: NYLJ, p. 28, col. 2 (7/12/94) (App. Div. 2 Dept.; Bracken, JP, Lawrence, Joy, Goldstein, JJ)