Cost of Painting Control Room Floor Included

Landlord applied for MCI rent increases, based on installation of two steam heaters, asbestos removal, painting of the floor of the control room, and color coding of conduit pipes and electrical wiring. The DRA disallowed any increase for the painting and color coding. Landlord appealed, pointing out that painting the control room floor was extricably intertwined with the hot water heater installations. The DHCR ruled for landlord. Painting may be included in the computation of MCI increases if it's necessary work performed in conjunction with, and directly related to, an MCI and completed within a reasonable time after completion of the MCI to which it relates. Here, painting the control room floor with epoxy paint and the color code painting of conduits and electric wiring were directly related to, and performed at the same time as, the installation of the steam heaters. The specialized painting within the control room aided in the proper operation of the installation and, therefore, benefitted tenants.

Metropolitan Life Ins. Co.: DHCR Adm. Rev. Dckt. Nos. GF 430083-RO, GE 410278-RT, GE 410338-RT, GE 410350-RT, GF 410197-RT, GF 410286-RT, GF 410562-RT, GF 430229-RT (12/31/93) [8-page document]