Radiator and Hatch Door Replacement Don't Qualify as MCIs

LVT Number: #24128

Landlord applied for MCI rent hikes based on the installation of baseboard radiators and a cellar door hatch. The DRA ruled against landlord, who appealed and lost. Landlord had installed the new radiators buildingwide and argued that the hatch door was used to bring equipment and materials into the building. But it's long-standing DHCR policy that the replacement of apartment radiators in and of itself doesn't qualify as an MCI. It's considered routine maintenance or repair unless performed in connection with a qualifying related MCI such as repiping or boiler replacement.

Landlord applied for MCI rent hikes based on the installation of baseboard radiators and a cellar door hatch. The DRA ruled against landlord, who appealed and lost. Landlord had installed the new radiators buildingwide and argued that the hatch door was used to bring equipment and materials into the building. But it's long-standing DHCR policy that the replacement of apartment radiators in and of itself doesn't qualify as an MCI. It's considered routine maintenance or repair unless performed in connection with a qualifying related MCI such as repiping or boiler replacement. The replacement of a hatch door in the sidewalk/cement in front of the building also isn't considered an MCI.

157 West 95th Street: DHCR Adm. Rev. Docket No. VC410099RO (4/18/12) [2-pg. doc.]

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