No Increase for Modifying Heating Oil Storage Facilities

Landlord applied for MCI rent increases based on modification of two heating oil storage facilities at the building. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. The work done was a modification, not a replacement, of an existing building improvement. Landlord didn't change the concrete rooms in which the tanks were located. This was the structural part of the fuel storage facilities that would have to be replaced to qualify for an MCI increase.

Executive Towers at Lido, LLC: DHCR Adm. Rev. Dckt. No. MA710068RO (10/13/98) [3-pg. doc.]