Asbestos Testing and Removal Don't Qualify

July 31, 1997

LVT Number: 11657

Landlord applied for MCI rent hikes based on installation of a new boiler/burner, compactor, asbestos testing, and asbestos removal. The DRA ruled for landlord, and tenants appealed, claiming that no increase was warranted for the asbestos testing and removal. The DHCR ruled for tenants. Asbestos testing and removal don't qualify as MCIs in themselves; they must be performed in connection with other related work. Landlord installed the boiler/burner in December 1987. The asbestos testing and removal were performed in the boiler room in September 1988.

Landlord applied for MCI rent hikes based on installation of a new boiler/burner, compactor, asbestos testing, and asbestos removal. The DRA ruled for landlord, and tenants appealed, claiming that no increase was warranted for the asbestos testing and removal. The DHCR ruled for tenants. Asbestos testing and removal don't qualify as MCIs in themselves; they must be performed in connection with other related work. Landlord installed the boiler/burner in December 1987. The asbestos testing and removal were performed in the boiler room in September 1988. This work wasn't performed within a reasonable time of the boiler installation. There was also no proof that the work was performed in connection with the boiler/burner installation or that it was directly related.

Hinzpeter: DHCR Adm. Rev. Dckt. No. GB430330RT (3/26/97) [2-page document]

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