Water Main Replacement Doesn't Qualify as MCI

May 19, 2014

LVT Number: #25532

Landlord applied for MCI rent hikes based on the replacement of a water main connecting to the building. The DRA ruled against landlord, who appealed and lost. Water main replacement isn't an MCI in and of itself. It doesn't qualify for an MCI rent hike unless done in connection with the installation of building-wide piping work that includes new hot and/or cold water risers, and returns and branches to fixtures in every apartment, including shower bodies and/or hot and/or new cold water overhead mains with all necessary valves in the basement.

Landlord applied for MCI rent hikes based on the replacement of a water main connecting to the building. The DRA ruled against landlord, who appealed and lost. Water main replacement isn't an MCI in and of itself. It doesn't qualify for an MCI rent hike unless done in connection with the installation of building-wide piping work that includes new hot and/or cold water risers, and returns and branches to fixtures in every apartment, including shower bodies and/or hot and/or new cold water overhead mains with all necessary valves in the basement. None of this additional work was done in this case.

392 First Street: DHCR Adm. Rev. Docket No. ZF210041RO (3/21/14) [1-pg. doc.]

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