Elevator Repairs Not Included in Cost of MCI

Landlord applied for MCI rent hikes, based on upgrading the elevator. The DRA denied the application, and landlord appealed. Landlord argued that the elevator work qualified for an MCI because it was done in conjunction with the installation of a new controller. Landlord also claimed that it had to spread out the payments for the elevator work over one year's time due to financial problems. The DHCR upheld the DRA's ruling. The elevator work wasn't completed within a reasonable time after the contractor installed the controller. And, since landlord didn't finish paying for the job until 16 months after the contract date, the elevator work is considered a repair-not an MCI.

610 W. 142nd Owners Corp.: DHCR Adm. Rev. Dckt. No. FJ 530396-RO (10/14/94) [3-page document]