Basement Piping Qualifies

LVT Number: 6849

Landlord applied for MCI rent increases based on the installation of a hot and cold copper overhead main pipe in the basement. The DRA granted landlord's application, and tenants appealed. Tenants claimed that this overhead pipe didn't qualify as an MCI. The DHCR denied tenants' PAR. The basement piping qualified as an MCI. It was a building-wide improvement depreciable under the Internal Revenue Code; wasn't an ordinary repair; was required for the operation, preservation, and maintenance of the structure; and replaced items whose useful life had expired.

Landlord applied for MCI rent increases based on the installation of a hot and cold copper overhead main pipe in the basement. The DRA granted landlord's application, and tenants appealed. Tenants claimed that this overhead pipe didn't qualify as an MCI. The DHCR denied tenants' PAR. The basement piping qualified as an MCI. It was a building-wide improvement depreciable under the Internal Revenue Code; wasn't an ordinary repair; was required for the operation, preservation, and maintenance of the structure; and replaced items whose useful life had expired.

Various Tenants of 605/620 West 171st Street: DHCR Adm. Rev. Dckt. No. BF410271RT, BG410312RT, et al. (2/26/93) [3-page document]

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