Cost of Environmental Cleanup Included

LVT Number: 15128

Landlord applied for MCI rent hikes based on the replacement of an oil tank. The DRA ruled for landlord, and tenants appealed. They objected to that portion of the rent increase based on the cost of removal of the old oil tank. This cost included removal of contaminated soil, which was required by state and county law, and replacement of that portion of the building's parking lot dug up during the replacement. The DHCR ruled against tenants. Landlord was entitled to an increase for that portion of the work related to environmental cleanup required by law when replacing the oil tank.

Landlord applied for MCI rent hikes based on the replacement of an oil tank. The DRA ruled for landlord, and tenants appealed. They objected to that portion of the rent increase based on the cost of removal of the old oil tank. This cost included removal of contaminated soil, which was required by state and county law, and replacement of that portion of the building's parking lot dug up during the replacement. The DHCR ruled against tenants. Landlord was entitled to an increase for that portion of the work related to environmental cleanup required by law when replacing the oil tank.

Williams: DHCR Adm. Rev. Dckt. No. PA930081RT (4/3/01) [3-pg. doc.]

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