Replacement of Fire Escape Stairs Doesn't Qualify

LVT Number: 10181

Landlord applied for MCI rent hikes based on the installation of replacement fire escape stairs and a skylight, together costing $3,600. The DRA ruled against landlord, finding that neither of these items qualified as MCIs. Landlord appealed and lost. The replacement of fire escape stairs without the installation of a complete new fire escape is only a repair. Similarly, the installation of a skylight in and of itself is only a repair. Neither of these items was installed in connection with a qualifying MCI.

Landlord applied for MCI rent hikes based on the installation of replacement fire escape stairs and a skylight, together costing $3,600. The DRA ruled against landlord, finding that neither of these items qualified as MCIs. Landlord appealed and lost. The replacement of fire escape stairs without the installation of a complete new fire escape is only a repair. Similarly, the installation of a skylight in and of itself is only a repair. Neither of these items was installed in connection with a qualifying MCI.

316 W. 19th St. Co.: DHCR Adm. Rev. Dckt. No. CH 430227-RO (2/3/95) [3-page document]

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