Backflow Prevention Device Not Required by Law Isn't MCI

Landlord applied for MCI rent hikes based on installation of a new sewer line, backflow preventer, laundry room vent with electrical work, and walkway handrails. The DRA ruled against landlord, finding that all of these items constituted ordinary repair and maintenance and were not MCIs. Landlord appealed and lost. The DRA properly found that these items didn't qualify as MCIs. And, in this case, landlord submitted no proof that the backflow preventer was required by local law. So the device didn't qualify as an MCI. 

Pelmar, Inc.: DHCR Adm. Rev. Docket No. EW930004RO (11/25/20) [2-pg. doc.]