Landlord Can Seek MCI Rent Hike After Elevator Conversion

LVT Number: #22751

Landlord asked the DHCR for permission to convert a manually operated service elevator to automatic operation. The DRA ruled for landlord, but barred landlord from applying for any MCI rent hike for the renovated elevator until its useful life expired. Landlord appealed and won. Landlord had upgraded the existing elevator, installing a selector and controller, and had added an intercom and security cameras.

Landlord asked the DHCR for permission to convert a manually operated service elevator to automatic operation. The DRA ruled for landlord, but barred landlord from applying for any MCI rent hike for the renovated elevator until its useful life expired. Landlord appealed and won. Landlord had upgraded the existing elevator, installing a selector and controller, and had added an intercom and security cameras. The elevator was a service elevator previously operated by a porter on an as-needed basis for garbage disposal, deliveries, and when the passenger elevator wasn’t available. The DRA required landlord to maintain the same number of porters after the elevator conversion. DHCR policy also generally allowed MCI applications under these circumstances as long as the cost of the MCI was offset by the cost of the elevator conversion. So landlord could file an MCI application.

15 East 80th Street: DHCR Adm. Rev. Docket Nos. WJ430012RO, WJ430015RT (4/13/10) [4-pg. doc.]

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