No Rent Hike for Rewiring Without Appliance Outlets
LVT Number: #24490
Landlord applied for MCI rent hikes based on building-wide rewiring. The DRA ruled against landlord because no feeders were installed. Landlord appealed and won, based on DHCR inspection that found that new risers and new electrical meters and pans for each apartment were installed. Tenants then filed an Article 78 court petition, claiming that the DHCR's decision was unreasonable because not all requirements for a rewiring MCI were met. The court ruled for tenants and sent the case back to the DHCR for reconsideration. The DHCR then revoked the MCI increases. To qualify as an MCI, landlord must install new copper risers and feeders from the property box to each apartment at sufficient capacity (220 volts) at the apartment panel to accommodate the installation of air conditioner circuits and outlets, as well as the installation of two duplex outlets in the kitchen to accommodate heavy-duty appliances. This wasn't done. In addition, work was performed in only 42 of the building's 49 apartments.