Elevator Modernization Was Ordinary Repair Work

Landlord applied for MCI rent hikes based on elevator modernization. The DRA ruled against landlord, finding that the work done was ordinary repair work. Landlord appealed and lost. The elevator work didn't include installation of new controllers and selectors, or a new electronic dispatch overlay system. Therefore, the elevator modernization work didn't qualify as an MCI. Landlord also had sought an MCI rent hike for elevator upgrading. That item was denied because landlord applied more than two years after completing the upgrade. So landlord couldn't claim that the elevator modernization was done in connection with another qualifying MCI.

Terrace Realty Company: DHCR Adm. Rev. Docket No. WB910001RO (6/17/08) [7-pg. doc.]