Can't Include Cost of Reinstalling Air Conditioners

LVT Number: 9132

The DRA granted landlord's application for MCI rent hikes, based on the installation of new windows. Tenants appealed, claiming that landlord shouldn't have gotten a rent hike for reinstalling existing air conditioners in the new windows. The DHCR ruled for tenants. Reinstalling existing air conditioners isn't an allowable MCI expense because it isn't an improvement---it's just continuing a prior level of service.

The DRA granted landlord's application for MCI rent hikes, based on the installation of new windows. Tenants appealed, claiming that landlord shouldn't have gotten a rent hike for reinstalling existing air conditioners in the new windows. The DHCR ruled for tenants. Reinstalling existing air conditioners isn't an allowable MCI expense because it isn't an improvement---it's just continuing a prior level of service.

David Frankel Realty: DHCR Adm. Rev. Dckt. Nos. HB 430014-RO et al. (8/29/94) [8-page document]

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