New Sewer Pipe Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of a new sewer pipe. The DRA ruled against landlord, who appealed and lost. Landlord argued that an entire new sewer line was installed from the main city sewer line to the building, which replaced a pipe that was over 100 years old. But the DHCR has consistently ruled, and courts have upheld, that the installation of a sewer line doesn't qualify as an MCI unless done in conjunction with a complete qualifying building-wide plumbing installation. There was no proof here that a comprehensive, building-wide re-piping installation was performed. The work performed was ordinary repair and maintenance.

Bauchman: DHCR Adm. Rev. Docket No. BW420024RO (6/24/16) [1-pg. doc.]