Cost of Excavation of Rear Yard Included

November 1, 2003

LVT Number: 16965

Landlord applied for MCI rent hikes for replacement of gas pipes. The DRA ruled for landlord. Tenant appealed, claiming that there should be no increase for the cost of excavation of the building's rear yard. This had been included in the MCI cost. The DHCR ruled against tenant. This work was needed to check a gas leak and to test the underground gas piping that was being installed. It was related to the MCI, recommended by an engineer, and ordered by Con Edison.

Landlord applied for MCI rent hikes for replacement of gas pipes. The DRA ruled for landlord. Tenant appealed, claiming that there should be no increase for the cost of excavation of the building's rear yard. This had been included in the MCI cost. The DHCR ruled against tenant. This work was needed to check a gas leak and to test the underground gas piping that was being installed. It was related to the MCI, recommended by an engineer, and ordered by Con Edison.

Shenk: DHCR Adm. Rev. Dckt. No. RF910040RT (10/9/03) [3-pg. doc.]

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