Useful Life of Elevator Hadn't Expired

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled against landlord because the useful life of the prior elevator hadn't expired. Landlord appealed, claiming that the replaced elevator was defective and beyond repair, that it met the useful-life waiver requirements of the Rent Stabilization Code, and that it had no knowledge of any prior MCI rent increase for elevator work. The DHCR ruled against landlord. In its application, landlord claimed that the prior elevator was 25 years old and that its useful life had expired. But DHCR records showed that in 1993, an MCI rent increase was granted for an elevator upgrade. So the prior elevator was replaced before its useful life had expired. Landlord was required to request a waiver in writing before starting work on the new MCI, but failed to do so.

925 West End Avenue: DHCR Adm. Rev. Docket No. VK430096RO (1/14/09) [3-pg. doc.]