Elevator Pit Excavation Included in MCI

Landlord applied for MCI rent hikes based on elevator work. The DRA ruled for landlord in part, granting an increase for elevator upgrading but denying a rent increase for the elevator pit excavation/demolition, the shaftway probes, and the elevator consultant and engineer fees. Landlord appealed and won, in part. The elevator pit excavation was done in connection with and was directly related to the elevator upgrading to extend passenger elevator service to the basement so that tenants would have access to the laundry room by elevator. It therefore qualified as other necessary work related to the MCI. The engineer's fees were also directly related to the complex MCI and therefore were approved. But the elevator shaftway probes were done more than 23 months before the elevator pit excavation started and therefore didn't qualify. And the elevator consultant's work duplicated the engineer's work and therefore didn't qualify for MCI-related increases.

785 West End Avenue: DHCR Adm. Rev. Docket No. XL430016RO (5/22/12) [5-pg. doc.]