New Elevator Work Qualifies Despite Prior Elevator Upgrade

Landlord applied for MCI rent hikes based on a 2007 elevator upgrade. The DHCR ruled against landlord because the useful life of a 1991 elevator MCI hadn't expired. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court ruled against landlord, but the appeals court reversed and revoked the DHCR's decision. The court sent the case back for reconsideration, noting that the DHCR could disallow any duplicate portions of landlord's costs. The DHCR now ruled for landlord and disallowed just $16,300 of the $196,100 cost. The 1991 work included a controller, new system control board, new holister whitney brake, car door guide shoes, certificate frame, traveling cables, and other work. The new MCI included removal of the old elevator, excavation of the elevator pit, and installation of a new passenger elevator with a new controller and some parts similar to those provided in 1991. The DHCR also included an additional $24,600 in approved costs for the underpinning of the elevator shaft, rock removal, and electrical as necessary connected work.

925 West End Avenue: DHCR Adm. Rev. Docket No. ZJ430010RP (2/15/13) [5-pg. doc.]