MCI Increase Granted for Compactor Installation

LVT Number: #28484

Landlord applied for MCI rent hikes based on compactor replacement. The DRA ruled against landlord because it didn't submit a statement from an architect or engineer certifying that the installation of the compactor included a hose bibb, floor drain, and operable sprinkler system in the compactor room. Landlord appealed and won. Landlord argued that in a prior case, the DHCR ruled that an engineer's certified statement wasn't required for a compactor installation. The DHCR said that the prior ruling was in error and didn't represent DHCR policy.

Landlord applied for MCI rent hikes based on compactor replacement. The DRA ruled against landlord because it didn't submit a statement from an architect or engineer certifying that the installation of the compactor included a hose bibb, floor drain, and operable sprinkler system in the compactor room. Landlord appealed and won. Landlord argued that in a prior case, the DHCR ruled that an engineer's certified statement wasn't required for a compactor installation. The DHCR said that the prior ruling was in error and didn't represent DHCR policy. But, since landlord had now submitted the required certified statement that the compactor installation was performed in accordance with NYC rules, regulations, and applicable codes, it could collect the MCI increase effective on the first rent payment date following submission of the architect/engineer certification.

51-15 Van Kleeck St. Assoc. LLC: DHCR Adm. Rev. Docket No. EX110034RO (4/20/18) [3-pg. doc.]

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