Handicap Platform Lift Doesn't Qualify as MCI

Landlord applied for MCI rent hikes based on the installation of a vertical platform lift. The DRA ruled against landlord, who appealed and lost. Landlord argued that the lift installation was required by law to provide persons with disabilities access to the building. Landlord's architect pointed out that the on-site Lefrak City building management office was a public space servicing 20 buildings and the lift was needed to provide access to all handicapped persons for entrance into the office. There were presently six disabled tenants living in the building with the management office, and many others throughout the complex. But since the lift was installed for access to the management office only, and not to the building, it didn't qualify as a major capital improvement.

97-05 Horace Harding Expressway: DHCR Adm. Rev. Docket No. WJ110020RO (8/16/13) [2-pg. doc.]