Gas Re-Piping Qualifies as MCI, Even If Done to Remedy Gas Leak

LVT Number: #27051

The DRA granted landlord’s application for MCI rent hikes based on installation of gas re-piping. Tenants appealed and lost. Tenants argued that the work was done to fix a gas leak and therefore should be considered ordinary maintenance and repair. But only one of the seven tenants who filed the PAR had made this claim before the DRA. The work met the definitional requirement of an MCI. The fact that the gas re-piping may have been performed to remedy a gas leak or other condition didn’t bar any rent increase for a qualifying MCI.

 

 

The DRA granted landlord’s application for MCI rent hikes based on installation of gas re-piping. Tenants appealed and lost. Tenants argued that the work was done to fix a gas leak and therefore should be considered ordinary maintenance and repair. But only one of the seven tenants who filed the PAR had made this claim before the DRA. The work met the definitional requirement of an MCI. The fact that the gas re-piping may have been performed to remedy a gas leak or other condition didn’t bar any rent increase for a qualifying MCI.

 

 

Fland-Aviles: DHCR Adm. Rev. Docket No. CU430044RT (4/22/16) [2-pg. doc.]

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