No MCI Rent Hike Due to Defective Elevator Cab

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord in part, but disallowed any increase for elevator cab work. Landlord appealed and lost. Tenants had complained that the elevator cab improvement was done in an unworkmanlike manner. And DHCR inspection found that duct tape was applied around a part of the electronic panel in the elevator cab. Landlord complained that the inspection was done a year after the MCI was completed. But landlord submitted no proof that the condition of the cab was due to wear and tear or tenant-caused damage. The defective condition of the elevator cab was clearly visible to the DHCR inspector.

48-50 38th Avenue: DHCR Adm. Rev. Docket No. XA110042RO (8/6/10) [3-pg. doc.]