Landlord Gets Rent Hike for Installing Required Water Valves

Landlord applied for MCI rent hikes based on the installation of double-check valves. A double-check valve is a backflow device designed to prevent water contamination. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court ruled for landlord and sent the case back to the DHCR to calculate the rent increase. Landlord had installed these valves because they were required under Nassau County local law. Even though they didn't qualify as MCIs, landlord could get a rent increase because Tenant Protection Regulations Section 2502.4(a)(2)(iv) allowed a rent increase for an increase in services or improvements made to comply with a specific requirement of law.

Paulsen Real Estate Corp.: DHCR Adm. Rev. Docket No. VD710002RP (5/31/07) [2-pg. doc.]