Routine Elevator Maintenance Charges Disallowed

LVT Number: 18750

Landlord applied for MCI rent hikes based on elevator upgrading and consulting engineer's fees. The DRA ruled for landlord. Tenants appealed, claiming that landlord filed its application more than two years after the work was completed. They also argued that the work included routine maintenance items. The DHCR ruled for tenants in part. The elevator upgrading and related engineer's fees qualified as an MCI. Landlord filed the application one year after completion. It didn't matter that the work started three years before it was completed.

Landlord applied for MCI rent hikes based on elevator upgrading and consulting engineer's fees. The DRA ruled for landlord. Tenants appealed, claiming that landlord filed its application more than two years after the work was completed. They also argued that the work included routine maintenance items. The DHCR ruled for tenants in part. The elevator upgrading and related engineer's fees qualified as an MCI. Landlord filed the application one year after completion. It didn't matter that the work started three years before it was completed. But tenants correctly pointed out that three items of routine elevator maintenance should have been excluded from the cost of the installation. The MCI rent hikes were reduced by a small amount.

233 W. 99th St.: DHCR Adm. Rev. Dckt. No. SG430103RT (2/10/06) [5-pg. doc.]

Downloads

SG430103RT.pdf281.23 KB