Useful Life of Old Elevator Hadn't Expired

December 1, 2006

LVT Number: 19274

Landlord applied for MCI rent hikes based on an elevator modernization. The DRA ruled against landlord because landlord had obtained a prior MCI hike for an elevator upgrade done in 1990. The 25-year useful life required by the DHCR for the older elevator hadn't expired. Landlord appealed and lost. Landlord claimed that the new work consisted of installing a new controller with a selector unit, so it should be permitted. The DHCR said landlord didn't request a useful life waiver before filing its MCI application and there was no emergency warranting a waiver of this requirement.

Landlord applied for MCI rent hikes based on an elevator modernization. The DRA ruled against landlord because landlord had obtained a prior MCI hike for an elevator upgrade done in 1990. The 25-year useful life required by the DHCR for the older elevator hadn't expired. Landlord appealed and lost. Landlord claimed that the new work consisted of installing a new controller with a selector unit, so it should be permitted. The DHCR said landlord didn't request a useful life waiver before filing its MCI application and there was no emergency warranting a waiver of this requirement.

71-05 37th Ave.: DHCR Adm. Rev. Docket No. TK130039RO (9/14/06) [3-pg. doc.]

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