Partial Gas Repiping Is Repair, Not MCI

Landlord applied for MCI rent hikes based on gas repiping. The DRA ruled against landlord. Landlord appealed, arguing that replacement of corroded piping and eight leaking gas meters wasn't maintenance and repair, and that the gas lines and meters needed replacement to avoid explosion. The DHCR again ruled against landlord. It is DHCR policy that gas repiping qualifies as an MCI only if the same work is done in all similar components of the building. All gas repiping with new risers from the gas risers from the gas meter must be replaced for all apartments unless it can be shown that this wasn't needed. Landlord admitted that it replaced gas piping in only four of the eight apartments.

1287 Madison Avenue: DHCR Adm. Rev. Docket No. UH410060RO (1/30/08) [3-pg. doc.]