Landlord Didn't Meet Useful Life Requirement for New Elevators

April 30, 2003

LVT Number: 16515

Facts: Landlord applied for MCI rent hikes based on elevator upgrading in the building complex. The DRA ruled for landlord in part. The DRA granted a rent hike for upgrading of 12 of the building's 20 elevators. But eight other elevators had been upgraded in 1981 and their useful life hadn't expired. Landlord appealed. DHCR: Landlord loses. The DHCR's policy requires a 25 year useful life for elevator upgrading. The DHCR must approve a waiver to get an exception to the rule. Landlord must apply for the waiver before starting the MCI work in question. Landlord didn't do so in this case.

Facts: Landlord applied for MCI rent hikes based on elevator upgrading in the building complex. The DRA ruled for landlord in part. The DRA granted a rent hike for upgrading of 12 of the building's 20 elevators. But eight other elevators had been upgraded in 1981 and their useful life hadn't expired. Landlord appealed. DHCR: Landlord loses. The DHCR's policy requires a 25 year useful life for elevator upgrading. The DHCR must approve a waiver to get an exception to the rule. Landlord must apply for the waiver before starting the MCI work in question. Landlord didn't do so in this case.

London Terrace Gardens: DHCR Adm. Rev. Dckt. Nos. OK430158RO and OL430013RT (3/27/03) [10-pg. doc.]

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