No Useful Life Requirement Prevented MCI Rent Hike If No Prior Hike Was Granted

LVT Number: #32214

The DHCR's DRA granted landlord's application for MCI rent hikes based on gas re-piping. Tenant appealed and lost. Tenant claimed that landlord's application stated that the existing gas piping was 20 years old while DHCR policy required a useful life of 25 years before an MCI could be granted for gas piping replacement. But no prior MCI rent hike for gas piping or repiping had ever been granted by the DHCR. And the 25-year useful life requirement that tenant referred to concerned re-piping of water pipes, not gas pipes.

The DHCR's DRA granted landlord's application for MCI rent hikes based on gas re-piping. Tenant appealed and lost. Tenant claimed that landlord's application stated that the existing gas piping was 20 years old while DHCR policy required a useful life of 25 years before an MCI could be granted for gas piping replacement. But no prior MCI rent hike for gas piping or repiping had ever been granted by the DHCR. And the 25-year useful life requirement that tenant referred to concerned re-piping of water pipes, not gas pipes.

Chaiken: DHCR Adm. Rev. Docket No. JM230011RT (8/17/22)[2-pg. document]

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