Useful Life of Balconies and Breezeways Expired
LVT Number: 17994
Landlord applied for MCI rent hikes for installation of new balconies and breezeways in two buildings. The DHCR ruled against landlord. Landlord challenged the DHCR's ruling in court, claiming that it was unreasonable. While landlord's appeal was pending, the DHCR granted landlord MCI rent hikes for the same improvements at a third building. The court sent the case back to the DHCR to reconsider in light of its more recent ruling. Tenants argued that the useful life of the balconies and breezeways hadn't expired. The DHCR ruled for landlord. The prior balconies and breezeways were at least 40 years old. The useful life schedule in the Rent Stabilization Code doesn't mention these items. But the useful life for catwalks and fire escapes is 25 years. And no item in the Code's schedule has a useful life of more than 25 years.
Parker Mgmt. Co. LLC: DHCR Adm. Rev. Dckt. No. SI110007RP (2/9/05) [12-pg. doc.]