Building's Commercial Tenants Don't Use Elevators

LVT Number: #24127

Landlord applied for MCI rent hikes based on elevator upgrades. The DRA ruled for landlord and tenants appealed. They claimed that the cost of the elevator work should have been apportioned between the residential and commercial tenants in the building. The DHCR ruled against tenants. The commercial tenants didn't use the elevators. They all accessed their spaces from the street and didn't have access through the building lobby. A share of MCI costs is apportioned to commercial tenants only when they share in the benefit of the MCI.

Landlord applied for MCI rent hikes based on elevator upgrades. The DRA ruled for landlord and tenants appealed. They claimed that the cost of the elevator work should have been apportioned between the residential and commercial tenants in the building. The DHCR ruled against tenants. The commercial tenants didn't use the elevators. They all accessed their spaces from the street and didn't have access through the building lobby. A share of MCI costs is apportioned to commercial tenants only when they share in the benefit of the MCI.

175 West 72nd Street: DHCR Adm. Rev. Docket No. UD430058RT (4/6/12) [4-pg. doc.]

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