Not All Staircases Replaced

LVT Number: 17162

Landlord applied for MCI rent hikes based on the replacement of two building staircases. The DRA ruled against landlord. Landlord appealed, claiming that it replaced two upper staircases but not the lower one from the parlor floor to the basement floor because it was inoperative. The DHCR ruled against landlord. The installation of building-wide staircases may constitute an MCI. But replacing two staircases in a four-story building with three internal staircases and no elevator was merely repair and maintenance work.

Landlord applied for MCI rent hikes based on the replacement of two building staircases. The DRA ruled against landlord. Landlord appealed, claiming that it replaced two upper staircases but not the lower one from the parlor floor to the basement floor because it was inoperative. The DHCR ruled against landlord. The installation of building-wide staircases may constitute an MCI. But replacing two staircases in a four-story building with three internal staircases and no elevator was merely repair and maintenance work.

Elgart: DHCR Adm. Rev. Dckt. No. RK220002RO (1/20/04) [2-pg. doc.]

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