No MCI Rent Hike for New Stairs with Reused Parts

LVT Number: #25138

The DRA granted landlord's application for MCI rent hikes based on resurfacing of all public areas, but denied that portion of the application based on partial replacement of a staircase. Landlord appealed and lost. Landlord claimed that the staircase was completely replaced. But the sworn statements from landlord's architect and contractor stated that stairs, risers, and platforms were replaced while the railing, metal rail baluster posts and metal base skirts were not replaced but reused. The work therefore was considered a repair.

The DRA granted landlord's application for MCI rent hikes based on resurfacing of all public areas, but denied that portion of the application based on partial replacement of a staircase. Landlord appealed and lost. Landlord claimed that the staircase was completely replaced. But the sworn statements from landlord's architect and contractor stated that stairs, risers, and platforms were replaced while the railing, metal rail baluster posts and metal base skirts were not replaced but reused. The work therefore was considered a repair. The DHCR has granted MCI increases for staircases only where the work included replacement of all landings and risers as well as other necessary components of the staircase.

226 West 16th Street: DHCR Adm. Rev. Docket No. XC430040RO (9/20/13) [1-pg. doc.]

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