No Increase for Backflow Devices, Replacing Pool Fence

March 1, 1997

LVT Number: 11337

Landlord applied for MCI rent increases based on installation of pressure zone valves, also known as backflow devices, in a building swimming pool and replacement of a pool fence. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision wasn't arbitrary or capricious and had a basis in the record. The installation of the backflow devices and the pool fence were required by local law and were primarily for the benefit of the town. This work didn't qualify as major capital improvements.

Landlord applied for MCI rent increases based on installation of pressure zone valves, also known as backflow devices, in a building swimming pool and replacement of a pool fence. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision wasn't arbitrary or capricious and had a basis in the record. The installation of the backflow devices and the pool fence were required by local law and were primarily for the benefit of the town. This work didn't qualify as major capital improvements.

Executive Towers at Lido v. DHCR: NYLJ, p. 33, col. 5 (2/7/97) (App. Div. 2 Dept.; Copertino, JP, Sullivan, Pizzuto, Krausman, JJ)

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