Asbestos Removal Qualifies

April 30, 1993

LVT Number: 6925

Landlord applied for MCI rent increases based on a number of improvements, including installation of a boiler/burner oil tank and removal of asbestos. The DRA granted landlord's application, and tenants appealed. Tenants claimed that the asbestos removal didn't qualify as an MCI and didn't meet DHCR standards. Tenants' PAR was denied. In accordance with DHCR Policy Statement 89-8, asbestos removal constitutes an MCI because it's directly related to the boiler/burner installation. Also, the DHCR doesn't oversee and/or set environmental and safety standards for asbestos removal.

Landlord applied for MCI rent increases based on a number of improvements, including installation of a boiler/burner oil tank and removal of asbestos. The DRA granted landlord's application, and tenants appealed. Tenants claimed that the asbestos removal didn't qualify as an MCI and didn't meet DHCR standards. Tenants' PAR was denied. In accordance with DHCR Policy Statement 89-8, asbestos removal constitutes an MCI because it's directly related to the boiler/burner installation. Also, the DHCR doesn't oversee and/or set environmental and safety standards for asbestos removal.

Various Tenants, 101 East 16th Street: DHCR Adm. Rev. Dckt. Nos. FB 410260-RT, FB 410366-RT, FB 410379-RT, FB 410393-RT, FC 430039-RT, FC 430040-RT, FC 410059-RT, FC 410098-RT (3/5/93) [4-page document]

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