Landlord's Useful Life Waiver Request Didn't Convince DHCR to Grant MCI Increase

Landlord applied for MCI rent hikes based on an elevator upgrade. The DRA ruled against landlord, finding that an MCI increase was previously granted for an elevator upgrade and that the useful life of the prior MCI hadn't expired.

Landlord appealed and lost. The prior MCI increase for elevator upgrading was issued on July 6, 2004, with an assigned 25-year useful life period. The new elevator upgrading began on Sept. 15, 2020, which was within the 25-year useful life period of the prior work. Landlord submitted an emergency waiver request to the DRA. But, although landlord's architect stated that the elevator was in poor condition and required immediately replacement, there was no evidence that the elevator condition was dangerous to human life and safety or detrimental to health. An additional supporting statement provided by landlord's architect on appeal was submitted too late for consideration.

Mosholu Preservation Corp.: DHCR Adm. Rev. Docket No. LR610005RO (12/18/24)[2-pg. doc.]