MCI Rent Hike Granted for Gas Piping

LVT Number: #20637

Landlord applied for MCI rent hikes based on gas repiping, along with related plastering and painting. The DRA ruled for landlord. Tenant appealed, claiming that the gas line was severed as a result of landlord's negligence and had to be replaced before its useful life had expired. Tenant argued that landlord shouldn't get an MCI rent hike under these circumstances. The DHCR ruled against tenant. The fact that the work was done to correct damage to the gas piping system doesn't bar the MCI rent hikes. Landlord also showed that the replaced pipe was more than 25 years old.

Landlord applied for MCI rent hikes based on gas repiping, along with related plastering and painting. The DRA ruled for landlord. Tenant appealed, claiming that the gas line was severed as a result of landlord's negligence and had to be replaced before its useful life had expired. Tenant argued that landlord shouldn't get an MCI rent hike under these circumstances. The DHCR ruled against tenant. The fact that the work was done to correct damage to the gas piping system doesn't bar the MCI rent hikes. Landlord also showed that the replaced pipe was more than 25 years old. So the useful life of the old pipe had in fact expired.

61-45 98th Street: DHCR Adm. Rev. Docket No. UK110048RT (5/15/08) [3-pg. doc.]

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