Landscaping and Tree Pruning Done in Connection with New Heating System

Landlord applied for MCI rent hikes based on the installation of a new heating system at a large building complex. Landlord also sought MCI hikes for related costs. The DRA ruled for landlord in part, disallowing any rent hike for landscaping and tree pruning. Landlord appealed, arguing that this work was required and done in connection with the heating system installation. The DHCR ruled for landlord. Landlord removed and pruned trees for equipment access for the installation of the steam pipelines. It also had to dig trenches and later reseed the lawn. So the work was necessary and directly related to the MCI.

Queens Fresh Meadows, LLC: DHCR Adm. Rev. Dckt. No. QI110038RO et al.; No. QI110020RT et al.; No. RJ110017RP (1/28/04) [15-pg. doc.]