New Air Conditioners Don't Qualify as MCIs

LVT Number: #22715

The DRA denied landlord’s application for MCI rent hikes based on the installation of new air conditioners on a building-wide basis. Landlord appealed and lost. The replacement of individual-unit air conditioners without the installation of new masonry sleeves constitutes ordinary repairs and maintenance and is not an MCI. Landlord claimed that new units installed in existing masonry sleeves should qualify, but this is contrary to DHCR policy.

The DRA denied landlord’s application for MCI rent hikes based on the installation of new air conditioners on a building-wide basis. Landlord appealed and lost. The replacement of individual-unit air conditioners without the installation of new masonry sleeves constitutes ordinary repairs and maintenance and is not an MCI. Landlord claimed that new units installed in existing masonry sleeves should qualify, but this is contrary to DHCR policy.

345 East 93rd Street: DHCR Adm. Rev. Docket No. VI410062RO (4/8/10) [2-pg. doc.]

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