New Elevators Were Installed Before Useful Life of Old Elevators Expired

LVT Number: #33352

Landlord applied to the DHCR for MCI rent increases based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. Tenants appealed and won in part. They claimed that landlord failed to provide sufficient proof that the 25-year useful life of the replaced elevators had expired before new elevators were installed. But landlord had obtained from the DHCR a useful life waiver since landlord's engineer's report showed that there were immediately hazardous conditions in the prior existing elevators.

Landlord applied to the DHCR for MCI rent increases based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. Tenants appealed and won in part. They claimed that landlord failed to provide sufficient proof that the 25-year useful life of the replaced elevators had expired before new elevators were installed. But landlord had obtained from the DHCR a useful life waiver since landlord's engineer's report showed that there were immediately hazardous conditions in the prior existing elevators. Since the new elevators were installed six months before the Dec. 1, 2018, expiration date of the 25-year useful life of the prior elevators, the DHCR reduced the MCI rent increase by a proportion of the six months remaining on the 25-year useful life of the replaced elevators. This reduced the monthly per-room MCI increase from $8.21 to $8.05. Tenants' other claims concerning the DHCR's reasonable cost schedule, room count errors, and continuing conditions at the building were without merit.

Riverton Tenants' Association: DHCR Adm. Rev. Docket No. LT410002RP (6/14/24)[4-pg. document]

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