Sewer Ejector Pumps Qualify

Landlord applied for MCI rent hikes based on the installation of sewer ejector pumps costing $33,000. The DRA ruled against landlord, finding that the work wasn't a major capital improvement. Landlord appealed, arguing that the pumps were a building-wide improvement in the same way that a new boiler or compactor was. The DHCR ruled for landlord. The ejector pumps were needed to move the building's sewage up to the city's sewer system, which was higher than the building's basement due to the building's location near the shoreline. The pumps were therefore part of the building's sewer system in the same way that a boiler was part of the heating system.

Samson Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. KL510157RO (6/11/98) [2-page document]