MCI Increase Granted for Backflow Prevention Device Installation

Landlord applied for MCI rent hikes based on exterior restoration work and installation of a backflow prevention device. The DRA ruled for landlord and increased tenants' rents. Tenant appealed and lost. Tenant claimed that there were outstanding Class "C" immediately hazardous violations on record for the building. She also claimed that a backflow preventer didn't qualify as an MCI, and, in any event, no approvals were submitted for it. But landlord had submitted verification that all Class C violations that had been submitted contemporaneously with its MCI application had been corrected. This was reflected on HPD's database. And DHCR policy provides that the installation of a backflow preventer in NYC buildings qualifies as an MCI. Landlord also had submitted a DOB sign-off for the backflow installation.

Perez: DHCR Adm. Rev. Docket No. GP610035RT (3/11/21) [3-pg. doc.]