No Increase for Water Main Installation

July 31, 2004

LVT Number: 17482

Landlord applied for MCI rent hikes based on the installation of a water main at the building. The DRA ruled against landlord. Landlord appealed and lost. The DHCR has repeatedly ruled that water main replacement doesn't qualify as an MCI unless it is done in connection with qualifying piping work. This requires new hot- and/or cold-water risers, returns, and branches to fixtures in every apartment, including shower bodies or hot- or cold-water overhead mains and valves in the basement.

Landlord applied for MCI rent hikes based on the installation of a water main at the building. The DRA ruled against landlord. Landlord appealed and lost. The DHCR has repeatedly ruled that water main replacement doesn't qualify as an MCI unless it is done in connection with qualifying piping work. This requires new hot- and/or cold-water risers, returns, and branches to fixtures in every apartment, including shower bodies or hot- or cold-water overhead mains and valves in the basement. The courts have upheld the DHCR's position that a water main installation by itself doesn't qualify for an MCI rent hike.

97 Arden Assocs. LLC: DHCR Adm. Rev. Dckt. No. SC430080RO (6/15/04) [2-pg. doc.]

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