MCI Rent Increase Granted for Gas Pipes, Meters, and BPD

LVT Number: #28378

Landlord applied for MCI rent hikes based on the installation of gas piping and meters, as well as a backflow prevention device. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that there was no proof that the prior existing gas pipes and meters had exceeded their useful life, and that the work wasn't done on a building-wide basis. But, although tenants responded to the DRA's notice of the MCI application, they didn't raise these claims before the DRA. So the DHCR couldn't consider them for the first time on appeal.

Landlord applied for MCI rent hikes based on the installation of gas piping and meters, as well as a backflow prevention device. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that there was no proof that the prior existing gas pipes and meters had exceeded their useful life, and that the work wasn't done on a building-wide basis. But, although tenants responded to the DRA's notice of the MCI application, they didn't raise these claims before the DRA. So the DHCR couldn't consider them for the first time on appeal.

Epstein: DHCR Adm. Rev. Docket No. ET430059RT (3/9/18) [1-pg. doc.]

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