Installation of Solar Hot Water System Doesn't Qualify

LVT Number: 10116

Landlord applied for MCI rent hikes based on the installation of a solar hot water system. The DRA ruled for landlord, and tenants appealed. They claimed the solar hot water system didn't qualify as an MCI. The DHCR ruled for tenants. Installation of a solar hot water system to supplement an existing system isn't an improvement that benefits tenants and doesn't replace an item whose useful life has expired. Landlord admitted that in 1989 a new hot water tank and related components were installed. So the 1983 solar installation wasn't an entirely new hot water system.

Landlord applied for MCI rent hikes based on the installation of a solar hot water system. The DRA ruled for landlord, and tenants appealed. They claimed the solar hot water system didn't qualify as an MCI. The DHCR ruled for tenants. Installation of a solar hot water system to supplement an existing system isn't an improvement that benefits tenants and doesn't replace an item whose useful life has expired. Landlord admitted that in 1989 a new hot water tank and related components were installed. So the 1983 solar installation wasn't an entirely new hot water system.

Baldasso: DHCR Adm. Rev. Dckt. No. DH430363RT (7/27/95) [2-page document]

Downloads

DH430363RT.pdf99.59 KB